1991 JTR(SC) 101
1991 AIR(SCW) 744 ; 1991 1 AllCJ 669 ; 1991 2 AllCJ 756 ; 1993 21 AllLR 541 ; 1993 BankJ 630 ; 1993 66 FLR 747 ; 1991 5 JT 186 ; 1991 2 RSJ 745 ; 1991 2 RSJ 748 ; 1991 1 Scale 294 ; 1991 2 SCC 179 ; 1991 SCC(L&S) 476 ; 1991 2 SCT 269 ; 1991 2 SCT 270 ; 1991 2 SLR 57 ; 1991 5 SLR 74 ; 1991 5 SLR 75 ; 1992 2 SLR 58 ; 1991 1 UJ 400
SUPREME COURT OF INDIA
Ranganath Misra, CJI., Kuldip Singh, M.H.Kania, JJ.
Pramod Kumar Joshi
Versus
Medical Council Of India
Case No., 1154 of 1990
Date of Decision, 2/19/91
Relief in the form of admission to an academic course cannot be granted if the session is nearly complete, as belated admission would be improper and disruptive to other students.
Act
Referred
:CONSTITUTION OF INDIA
: Art.32, Art.14
(A) Constitution of India - Article 32 - Admission to diploma course - Petitioner, a medical graduate, alleged denial of admission to a preferred specialty diploma course despite meeting regulatory requirements and ranking high on the merit list - Court observed that while the submission had some force, the academic session was almost complete - Granting admission at a belated stage would be improper and would disturb other students already undergoing the course. (Para 2)
Facts of the case:
A medical graduate completed house jobs in two specialties and applied for a one-year diploma course in a preferred specialty. Despite being high on the merit list and meeting the regulations framed by the medical council, the applicant was denied admission to the preferred course and instead admitted to a different diploma course. A writ petition was filed seeking admission to the preferred course.
Findings of Court:
The court found that although the petitioner's submission had some merit, the timing of the application made it impractical to grant the requested relief.
Issues: Whether a candidate can be granted admission to a diploma course when the academic session is nearly complete.
Ratio Decidendi: Admission to an academic course cannot be granted belatedly if the session is almost complete, as doing so would be improper and would disrupt the studies of other students who have already been admitted.
Result: Writ petition dismissed.
Facts of the case:
A medical graduate completed house jobs in two specialties and applied for a one-year diploma course in a preferred specialty. Despite being high on the merit list and meeting the regulations framed by the medical council, the applicant was denied admission to the preferred course and instead admitted to a different diploma course. A writ petition was filed seeking admission to the preferred course.
Findings of Court:
The court found that although the petitioner's submission had some merit, the timing of the application made it impractical to grant the requested relief.
Issues: Whether a candidate can be granted admission to a diploma course when the academic session is nearly complete.
Ratio Decidendi: Admission to an academic course cannot be granted belatedly if the session is almost complete, as doing so would be improper and would disrupt the studies of other students who have already been admitted.
Result: Writ petition dismissed.
Judgment
RANGANATH MISRA, C.J.I.
(1) THIS is an application under Article 32 of the Constitution. Petitioner, a medical graduate, on completion of his house job in Paediatrics from the Medical College at Kanpur also did house job for six months in Medicine from the G.T.B. Hospital, Delhi. He applied for a years diploma course in Paediatrics in the Medical College at Kanpur but alleges that he was denied such admission and in July 1990 was offered admission in Diploma in Medical Radiotherapy and two months thereafter was admitted to Diploma course in Clmical Pathology, According to him under the regulations framed by the Indian Medical Council, the Diploma course was available to those who had completed housemanship in the speciality and he pleaded that the refusal of admission to him and admission granted to several respondents was contrary to the regulations. He maintained that he was at S1. No. 7 of the list and ought to have been granted admission in DCH which he preferred.
(2) THERE is some force in his submission but we find it difficult at this point of time to entertain the application as the 1990-91 session is almost complete and it would not be proper to allow him admission belatedly and disturb others who have already been admitted and have been undergoing the course. We accordingly dismiss the writ petition. Petitioner may look for admission in a future year. There will be no order for costs.