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february 1998

Supreme Court of India · 1998-02-13

CENTRAL BOARD OF SEC. EDUCATION vs NIKHIL GULATI

Citation / case number
SC 1997/16207
Court
Supreme Court of India
Petitioner
CENTRAL BOARD OF SEC. EDUCATION
Respondent
NIKHIL GULATI
Author
,B.N. KIRPAL,M. SRINIVASAN
Bench
CJI,B.N. KIRPAL,M. SRINIVASAN

Judgment text excerpt

The Supreme Court addressed the issue of ineligible students being allowed to take Board and University examinations under court orders, emphasizing that such aberrations should not set a precedent. The Court criticized the casual discretion exercised by lower courts, stating it undermines the 'Rule of Law' and promotes the 'Rule of Man'. Ultimately, the Court declined to interfere with the High Court's decision under Article 136 of the Constitution, dismissing the Special Leave Petitions (SLPs).

CENTRAL BOARD OF SEC. EDUCATION vs NIKHIL GULATI · Niyam