LAW FOR ALL

The “grammar of humility in law” in the hierarchical system basically means to abide by the precedents unless distinguishable but not to ignore them and pass orders because of an individual notion or perception. = “humility”, and “request” as used by this Court, has to be appositely understood by the High Courts. It requires attention. And attention in the context is disciplined and concerned awareness. Nothing more need be said. 26. In view of the aforesaid analysis, we cannot but hold that the impugned order passed by the learned Single Judge of the High Court is absolutely unsustainable. But the controversy does not end there. It is the admitted position that the respondent-college has been granted approval for the academic session 2017-2018. By virtue of the interim order passed by the High Court, three students had been admitted and they are prosecuting their studies. We intend to strike a balance. The students who have been admitted shall be allowed to continue their courses, but their seats shall be adjusted from the academic session 2017-2018. The respondent- college cannot be allowed to get a premium. The grant of bounty is likely to allow such institutions to develop an attitude of serendipity. Such a culture is inconceivable. Therefore, apart from the adjustment of seats for the next academic session, we also direct the respondent-college to deposit a sum of Rs. 30 Lakhs before the Registry of this Court within eight weeks hence and to ensure such compliance, the matter shall be listed in the third week of July, 2017 for further directions. After the amount is deposited, it shall be determined how to deal with the sum. The costs that has been directed to be deposited before the Registry of this Court shall in no manner be recovered from the students who had been admitted nor shall it be collected from the students who will be admitted to the course in the next year. That apart, the respondent-college shall not think of any kind of adjustment.