Heard learned counsel for the parties.
Leave granted.
By the impugned order, the High Court dismissed the Letters Patent
Appeal against the order passed by the learned Single Judge whereby Special Civil
Application filed by the appellant for issue of a direction to the respondents to admit
him in first year of M.B.B.S. course in Surat Municipal Institute of Medical
Education and Research, Umarwada, Surat, within the State of Gujarat, (Respondent
No.2 herein) against N.R.I. quota was dismissed.
It is borne out from the record that while issuing notice of the Special Civil
Application, the learned Single Judge passed an order for provisional admission of
the appellant and during the pendency of Letters Patent Appeal, the Division Bench
ordered that the appellant be permitted to attend the classes. This Court, at the time
of issuance of notice, on 9th July, 2007, permitted the appellant to appear in the first
year M.B.B.S. examination, which was scheduled to commence on 10th July, 2007, but
directed that his result should not be declared.
It has been stated by the learned counsel appearing on behalf of the
appellant that, pursuant to the aforesaid order, the appellant appeared in the first
year M.B.B.S. examination and is prosecuting his further studies. He further stated
that one vacancy in first year of the M.B.B.S. course has become available because
one student left the course. This has not been denied by the counsel for the
respondents. In view of this and in the facts and circumstances of the case, we feel
that it would be just and expedient to direct Respondent No.2 to regularise the
appellant’s admission in N.R.I. quota. The result of the appellant, as regards first
year M.B.B.S. examination, be published and he shall be permitted to prosecute his
further studies, provided he has passed the examination.
The civil appeal is, accordingly, disposed of.
[G.S. SINGHVI] New Delhi, July 28, 2008.