MEDICAL COUNCIL OF INDIA Vs HARSHITHA .
Bench: ANIL R. DAVE,UDAY UMESH LALIT,L. NAGESWARA RAO
Case number: C.A. No.-009252-009308 / 2016
Diary number: 26661 / 2016
Advocates: GAURAV SHARMA Vs
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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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