MEDICAL COUNCIL OF INDIA vs HARSHITHA on 28 September, 2016

I.A. NOS.58-114 OF 2016

IN AND

CIVIL APPEAL NOS.9252-9308 OF 2016

O R D E R

1. We have heard the learned counsel appearing for the

parties. JUDGMENT

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

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 JUDGMENT

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.

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.