HC impropriety made CJI see red
By Team Legistify / 2017-11-10

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NEW DELHI: Just like the case relating to admissions to a medical college run by Prasad Education Trust which saw the Supreme Court on Thursday set up a five-judge bench to examine alleged judge-middleman nexus, a bench headed by CJI Dipak Misra had on September 6 taken strong exception to an order by the Allahbad HC favouring a medical college.

Shortly after CBI arrested former Orissa HC judge I M Qudussi and others for conspiring to influence public servants and judges through gratification to secure permission for deficient medical colleges to admit students, the CJI-led bench had put two Allahabad HC judges under scrutiny for permitting a private medical college to admit students despite the SC's categorical order that no HC would allow any college to fill MBBS students for the 2017-18 academic year.

With investigating agencies intensifying their probe to find out the possible consideration which led to passing of the unusual order by a two-judge bench of the Lucknow bench of Allahabad HC, SC sources had told TOI that the CJI was contemplating "structured, stringent action" against the erring judges if the "unbelievable charges" were found prima facie true.
Pic Courtesy- Republic Tv
Just two days after the SC allowed GCRG Memorial Trust to withdraw its writ petition to approach the Allahabad HC, the Lucknow bench passed an order on September 1 permitting a medical college run by the trust to admit students to the MBBS course and extended the already expired deadline by five days, ignoring the SC's order that the medical college would not be permitted to admit students for 2017-18.

While allowing withdrawal of the petition by the trust, a bench headed by CJI had said, " The writ petition is permitted to be withdrawn. However, it is made clear that the high court, while entertaining the writ petition, shall not pass any interim order pertaining to the academic year 2017-18." In a bid to step around the SC order restraining passing of any "interim" order, the Lucknow bench passed a final order permitting the college to admit students to the MBBS course.

(MCI) had appealed against the September 1 judgment of the Lucknow bench before the SC. MCI counsel Vikas Singh and additional solicitor general Maninder Singh had brought into focus the apparent "overreach" by HC as SC had barred admissions for 2017-18.

A bench of CJI Misra and Justices Amitava Roy and A M Khanwilkar on September 6 entertained the MCI's appeal, stayed the HC order, and sent out aloud signal by recording, "If the institution has admitted students, they are debarred from continuing the course."

The bench did not stop there and decided to scrutinise the purported reasons for the Lucknow bench to pass such an outrageous order attempting to bypass the SC decision

Source- Indian Express


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