There has been a Supreme Order to admit a Dalit student in IIT Mumbai. The Supreme Court, exercising its immense power in this case, saved the future of a student from being ruined. The court understood the compulsive condition of a student and used section 142. This section of the constitution is used in very rare circumstances. Setting an example, the Supreme Court granted relief to a student. The Supreme Court said that you cannot leave this child’s future in balance. Some of its conclusions. Let us know about Article 142. When and where is it used.
Supreme Court exercised authority
The student of IIT Mumbai was not able to pay the fees on time due to technical reasons, the Supreme Court exercised its immense authority and said that a humane approach should be adopted in this matter. The Supreme Court said that if someone did not pay the fees on time, then obviously there would have been a financial crisis. Justice DI Chandrachud, using his Asim power, has ordered to give seat and admission for the said student. The court said that the order should be followed in 48 hours.
Supreme Court has already used it
Any order passed by the Supreme Court remains within the ambit of the provisions of the Constitution. Even the Supreme Court does not give any decision above the Constitution. Article 142 present in the constitution has been used during many big decisions. Using Article 142, the court had asked the Nirmohi Akhara to be included in the temple construction trust. The Supreme Court had also used Article 142 to transfer the Babri demolition case to Lucknow in 2017. The Supreme Court had removed a Manipur minister from the state cabinet using Article 142 of the Constitution. The order of the court under this article remains in force until some other law is made.
What does article 142 say?
In simple language, consider Article 142 as the veto power of the Supreme Court. The Supreme Court uses it in very rare circumstances. After its implementation, until any other law is implemented, the order of the Supreme Court will be paramount. In giving its judicial decisions, the Court may pass such judgments as may be necessary for the completion of any matter pending before it and the orders made by it shall be applicable throughout the Union of India unless any other provision relating thereto applies. is done.
Use it to complete any case
Under Article 142, the court may include in the judgment such directions as may be necessary for the completion of any case pending before it. Also, the court can order the presence of any person and the examination of any document. The court can also direct to take necessary steps to ensure contempt and punishment. The same happened in the case of this student. The court, in exercise of its power, ordered that the student be admitted.
864th rank in SC quota
The Supreme Court said that the student appeared and passed the JEE Mains exam in May 2021. Then on 3rd October he appeared in IIT JEE Advanced 2021 and got 864th rank in SC quota. Logged into JOSA portal on 29th October for documents and fees. Uploaded the documents but his fee was not accepted as it was less than the prescribed amount. Next day he borrowed from his sister and then appeared 10 to 12 times on 30th October to pay the fee but the fee was not accepted.
Student could not pay fees
On October 31, he tried to pay the fees from the cyber cafe but was not successful. He then went to IIT Kharagpur but the authorities there expressed their inability to accept the fees. The matter went to the Bombay High Court but after not getting relief from the High Court, he approached the Supreme Court. The Supreme Court said that the Dalit student could not complete the admission process due to technical glitch and if he is not included in the current academic session, he will not be able to appear in the entrance examination next time as he has completed two consecutive attempts.
Supreme Court used
During the hearing in the Supreme Court, when the authority said that the seats have been filled and the petitioner student will have to give admission on behalf of another student. To this, Justice Chandrachud of the Supreme Court said that there is no question of exploring alternatives. We are giving you a chance otherwise we will use our privilege under 142. You cannot let this student stay in the middle. When his lawyer, taking instructions from the authority, said that the seats had been filled, the Supreme Court invoked Article 142 and asked the student to be admitted.