Education

Admission

— Medical course — Super speciality examinations — Eligibility for appearing in — Requirement under the relevant clause that candidate should have completed three years' training in the speciality after postgraduate degree — Respondents completing three years' training only by 30-6-2006 — Hence held, they were ineligible to appear for June 2006 examinations as they were not qualified as per the said clause — Direction by High Court under Art. 226 of the Constitution permitting respondents to sit for examinations, not proper — Contention that refusal by petitioner Institution to allow respondents to take examinations was totally inconsistent with past practice, not sustainable, (2006) 5 SCC 515-A

Constitution of India

— Art. 226 — Interference in educational/ academic matters — Scope — Direction by High Court to petitioner institution to hold examinations against its policy leading to perversity and promotion of illegality, held, was not justified, (2006) 5 SCC 515-B

Administrative Law

Legitimate expectation

— Doctrine of — Applicability — Denial by petitioner Institution to allow respondents to appear in examinations as they not possessing requisite training under the relevant clause of the policy of the Institution — Held, respondents could not be said to be aggrieved by the decision of the petitioner — High Court was not correct in applying the doctrine of legitimate expectation in permitting respondents to sit for examination, (2006) 5 SCC 515-C

Education

Examinations

— Change in examination schedule by institution concerned — Interference with — Scope — Held, there could be no embargo in the way of the petitioner Institution bona fidely changing the examination schedule, more so when it had admittedly and categorically reserved its rights to do so to the notice and information of respondent candidates — In order to curtail its expenditure, policy decision of governing body of petitioner to change current practice of conducting the examinations on biannual basis for all the disciplines of Modern Medicine with the revised policy to conduct the biannual examination only in those streams where number of candidates was more than 100, held, proper — It could not at all be faulted with, (2006) 5 SCC 515-D

Constitution of India

— Art. 226 — Relief — Grant of relief which was not sought for in writ petition, held, not justified, (2006) 5 SCC 515-E

Practice and Procedure

Relief

— Grant of relief based on alleged past practice overriding statutory rules and regulations, held, was not justified, (2006) 5 SCC 515-F