2009 JTR(SC) 1673
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Supreme Court Of India
K.G BALAKRISHNAN, CJI., P.SATHASIVAM, J.
MEDICAL COUNCIL OF INDIA
Versus
MANAS RANJAN BEHERA
Civil Appeal Nos. 7134-35 of 2009 (arising out of S. L. P. (C) Nos. 30068-30069 of 2008)
Decided On : October 26, 2009
Act Referred :CONSTITUTION OF INDIA : Art.226
Medical Education – Admission – Supreme Court directing all concerned to follow the time schedule for admission – Yet, High Court directing the admission of 12 students after the cut-off date – Ought not have so directed – However, looking to eligibility of the students and unprecedented situation causing delay, delay condoned as one time measure – Time schedule prescribed by the Court are mandatory. (Para 3)
2005 AIR SCW 471: (2005) 2 SCC 65 – Relied upon
Facts of the case:
Supreme Court in 2005 AIR SCW 471: (2005) 2 SCC 65 had prescribed time schedule for admission to medical courses.
The Orissa High Court, however, directed that 12 students be admitted even after the cut-off date.
Finding of the Court:
High Court ought not have so directed. However, looking to eligibility of the students and unprecedented situation causing delay, delay condoned as one time measure.
Result:
Appeal disposed of.
2005 AIR SCW 471: (2005) 2 SCC 65 – Relied upon
Facts of the case:
Supreme Court in 2005 AIR SCW 471: (2005) 2 SCC 65 had prescribed time schedule for admission to medical courses.
The Orissa High Court, however, directed that 12 students be admitted even after the cut-off date.
Finding of the Court:
High Court ought not have so directed. However, looking to eligibility of the students and unprecedented situation causing delay, delay condoned as one time measure.
Result:
Appeal disposed of.
ABHINAV MUKERJI, AMARENDRA
( 1 ) LEAVE granted.
( 2 ) THE Medical Council of India has challenged the Order passed by the Division bench of the High Court of Orissa directing the admission of 12 students after the cut off date of 30th September of the concerned year. It may be noticed in (2005 air SCW 471)Mridul Dhar (Minor) and Anr. v. Union of India and others, reported in 2005 (2) SCC 65, this Court directed that all the parties shall comply with the directions issued by this Court as regards admission to students in the Medical and Dental colleges. In Direction-15 of paragraph 35 of the Judgment, we had also indicated, "time schedule provided in the Regulations shall be strictly adhered to by all concerned failing which the defaulting party would be liable to be personally proceeded with".
( 3 ) IN view of these directions, the High Court should not have passed the impugned Order. However, we have noticed that these 12 students were eilgible and because of unprecedented situation, they could not secure admission within the prescribed time limit. We condone the delay in giving admission to them as a one time measure. However, we clarify that these time schedule prescribed by this Court should be followed strictly.
( 4 ) THE appeals are disposed of accordingly. Order accordingly.