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INTERIM ORDER WHICH AMOUNTS TO FINAL RELIEF SHALL NOT BE PASSED

The Hon'ble Apex Court has consistently held that the Court should not pass an interim order which amounts to a final relief. Whether the petitioner is entitled for any relief has to be adjudicated upon at the time of final disposal of the writ petition. The Court should not pass an interim order without considering the issues of public interest, balance of convenience, as to whether prima facie case is made out; as to whether the party concerned could be compensated in terms of money etc., and other relevant considerations. 

SOURCE:- 
Assistant Collector of Central Excise v. Dunlop India Ltd., AIR 1985 SC 330; 
State of Rajasthan v. Swaika Properties and Anr., AIR 1985 SC 1289; 
A.P. Christians Medical Educational Society v. Govt. of A.P., AIR 1986 SC 1490; State of Jammu and Kashmir v. Mohd. Yakoob Khan and Ors., (1992) 4 SCC 167; U.P. Junior Doctors Action Committee and Ors. v. Dr. B. Shitat Nandwani, AIR 1992 SC 671; 
Guru Nanak Dev University v. Parminder Kumar Bansal and Anr., AIR 1993 SC 2412; 
St. John's Teachers Training Institute (for Women) and Ors. v. State of Tamil Nadu and Ors., (1993) 3 SCC 595; 
Dr. B.S. Kshirsagar v. Abdul Khalik Mohd. Musa, 1995 Suppl (2) SCC 593; 
Bank of Maharashtra v. Race Shipping and Transport Co. (P) Ltd., AIR 1995 SC 1368; 
Commissioner/Secretary, Government of Health and Medical Education Department v. Dr. Ashok Kumar Kohli, 1995 Suppl (4) SCC 214; 
Shiv Shankar and Ors. v. Board of Directors, U.P. State Road Transport Corporation and Ors., 1995 Supp (2) SCC 726 ; 
Union of India v. Shree Ganesh Steel Rolling Mills Ltd., (1996) 8 SCC 347; 
State of Madhya Pradesh v. M.V. Vyavsaya and Co., AIR 1997 SC 993; 
Central Board of Secondary Education v. P. Sunil Kumar, (1998) 5 SCC 377;  
Stale of U.P. and Ors. v. Ram Sukhi Devi, 2004 AIR SCW 6955

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