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Karnataka High Court holds colleges cannot step into shoes of students and file petitions; imposes costs on 2 dental colleges

Further, it stated that if the petitioner-students were really deprived of the seats to which they were eligible, they would have approached the Court, independently and added that the colleges could not step into the shoes of students.

“But that is not the case in the present writ petitions. The colleges cannot step into the shoes of students and file the writ petitions,” the Court made it clear.

Therefore, it held that the colleges not only wasted the court’s and the petitioner-students’ time, but also unnecessarily drove the KEA and other statutory authorities to courts forcing them to incur expenses on unnecessary litigation. 

The Court also highlighted the recent trend of filing speculative litigations before courts of law and stated that it has a duty to weed out such litigation.

“It is the duty of the Courts to ensure that such litigations shall be weeded out at the first instance rather than allowing to be festered and thereby coming in the way of genuine litigants seeking justice treating the Court as “Temple of Justice” and to protect precious public & judicial time of the court,” the order said.

The petition was, therefore, dismissed with costs which were directed to be paid to Advocates’ Association, Bengaluru.

Source: Barandbench

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