Chetna, Legal Advisory W.C.D. Society Vs. Union of India (Uoi) and ors. - Court Judgment

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.....law and based on legally recognised principles - there are many pronouncements of the supreme court cautioning against exercise of jurisdiction characterised more by benevolence than on settled legal principles. a relief must be such as could be considered permissible in law and worked out by the application of legally recognised principles. the decision must have legitimacy of legal reasoning and should not incur the criticism of lacking objectivity of purpose and rational and legal justification. where an educational institution embarks upon granting admissions without the requisite affiliation and recognition and the students join the institution with their eyes wide open as to the lack of legitimacy in the admission, it would be preposterous to direct the university to hold examinations for the benefit of such students. such an order is totally unjustified. the high court should have instead directed the union of india to forward the application for recognition stated to have been submitted sometime ago by the institution to the dental council of india and, in turn, directed the dental council of india to consider that application and decide within a time-frame whether it..........the department of women and child development, ministry of human resource development, government of india. the learned amicus curiae has some more suggestions to offer which have been handed over to the learned solicitor general who would look into them and take the necessary action.2. in view of the exercise having been commenced by the government of india and a national programme of action being drawn up which also takes note of the role of the ngos concerned with this kind of work, we do not think it necessary to proceed this matter in the court for the present. however, if at any subsequent stage it becomes necessary to seek any directions of the court, it would be open to an appropriate party like the present petitioner to move the court in this behalf. we may also observe that if need be, the national human rights commission can also be approached in this matter to solicit the assistance of the commission in proper implementation of this national programme and its improvement wherever necessary.3. the writ petition is disposed of in this manner.