What is the immediate relief available against a stay order granted by the High Court? One of the candidates approached the High Court alleging irregularities in the conduct and evaluation of marks. He claims that candidates received uneven marks due to the vested interests of the college administration. However, there is no solid evidence to support any irregularity. All answer sheets were kept in sealed covers and evaluated by one examiner, then cross-checked by another examiner. This process ensured that each answer sheet was checked by two examiners, neither of whom had information about the other examiner’s identity or the candidates’ details.
More than seven thousand students appeared in the entrance examination for one hundred twenty seats. Future of one hundred twenty students rests at the stake of this writ petition and stay order. We have been conducting examinations since 1934, and no such issue has been raised before the court until now. Despite this, the High Court stayed the admission process during the very first hearing based solely on these allegations, without any supporting evidence. In this scenario, what would be the best possible remedy against the stay order issued by the court?
Asked from: Bihar
A stay order is granted by the court as an interim relief. An order of interim relief is also called an interlocutory order. Generally, interlocutory orders are not appealable. However, if the court determines any right through the interlocutory order, that order becomes appealable. In other words, if the interlocutory order affects the rights of a party, the aggrieved party can appeal that order.
Ad-interim and ex-parte relief should be granted rarely. In your case, the stay order has affected the entire admission process, impacting the future of one hundred and twenty students. More than seven thousand students appeared for the entrance examination, yet only one student has made such a claim. In this scenario, the High Court should have issued a stay order only after receiving a reply from the college administration, i.e., the opposite party.
The Hon’ble Supreme Court, in Central Mines Planning and Design Institute Limited vs Union of India (2001) 2 SCC 588, held that an interlocutory order comes under the definition of a judgment when that order constitutes a final determination and affects the valuable rights of parties.
When a stay order falls under the definition of a judgment, it becomes appealable. The interlocutory order in this case affects the future of one hundred and twenty students. Stalling the admission process is not justified as it will delay the academic session.
Filing letters patent appeal or special leave petition is the best relief against the stay order of the high court. Therefore, you should immediately file an appeal against this order. If the single bench passed the order, you can prefer a letters patent appeal or special appeal before the division bench of the same High Court. If the division bench passed such an order, you would need to file a special leave petition to the Supreme Court under Article 136.
Once the admission process has started, it should not be stayed merely on the assumption of irregularity. You mentioned that the petitioner has no cogent evidence to prove the alleged irregularity. In the appeal, you should present evidence about the entire process of the entrance examination. When the court finds that the chance of irregularity is minimal, it should vacate the stay order. For more legal help please visit Kanoon India.
