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2001 DIGILAW 406 (SC)

State of Uttar Pradesh v. Nisha Kant Singh

2001-02-19

S.P.BHARUCHA, Y.K.SABHARWAL

body2001
ORDER : 1. Leave granted. 2. Respondent No.1, who is physically handicapped, filed a writ petition in the High Court at Allahabad for admission to a Post Graduate Medical Course on the ground of his disability. No seats, admittedly, were reserved for physically handicapped persons. At the interim stage, a Division Bench of the High Court, while admitting the writ petition, directed the present appellants to grant provisional admission to the respondent in a Post Graduate Course "treating him as a person belonging to reserved category". We are of the view that this order, at the interim stage, was not called for. It could only have been passed after the writ petition had been heard and the arguments there on considered. In the meantime, no relief could have been granted to the respondent but with a view to protect his interest, the writ petition could have been expedited. That is the order that we propose to pass. 3. The civil appeal is allowed. The order under appeal is set aside. The writ petition (W.P. No.1117 (M/B) of 2000) shall be heard and disposed of by the High Court as expeditiously as possible. No order as to costs.