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NON-REPORTABLE    

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION  

I.A. NOS.58-114 OF 2016

IN AND

CIVIL APPEAL NOS.9252-9308 OF 2016  

Medical Council of India .....Appellant

        Versus

Harshitha & Ors. …..Respondents

O R D E R

1. We  have  heard  the  learned  counsel  appearing  for  the

parties.

2. Upon  perusal  of  the  record,  it  is  crystal  clear  that

admission given to the students concerned to MBBS course

was  conditional.   The  fact  with  regard  to  conditional

admission,  which was dependent upon the final  outcome of

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the writ petition, was duly informed to the students, as one

can see from the admission letter issued to the students.

3. In the aforestated circumstances, the students concerned

do not have any right to continue their studies in the same

college or to get admission in any other college.   Moreover,

many of them have not passed the requisite examination of

NEET,  which  is  very  much  necessary  to  get  admission  to

MBBS course.  Needless to say that it would be open to those

students, who are qualified to get admission on the basis of

their  performance in NEET, to get admission elsewhere and

they must have participated in the counseling.  

4. In  the  aforestated  circumstances,  in  our  opinion,  the

High  Court  ought  not  to  have  given  any  direction  for

accommodating  the  students  in  any  other  college  and

therefore,  the  impugned  order  giving  direction  to  the

Government  authorities  to  accommodate  the  students  in

other medical colleges is neither fair nor legal and therefore,

the impugned order is set aside.   

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5. The interlocutory applications are accordingly disposed of

and the appeals are allowed with no order as to costs.   

                          ………................................J.

                                                   (ANIL R. DAVE)

                          ………...............................J.

                                                    (UDAY UMESH LALIT)

………...............................J.                                                      (L. NAGESWARA RAO) New Delhi September 28, 2016.

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