Medical Council of India Vs. Manas Ranjan Behera and ors. - Court Judgment

Excerpt:
constitution - delay in admission by students beyond the cut off date - appeal against the order of the high court of orissa wherein admission permitted to the 12 students after the cutoff date - held, the high court should not have passed such order in view of the specific direction by the apex court that time schedule should be strictly adhered to - but in instant case 12 students were eligible and because of unprecedented situation, could not secure admission within the prescribed time limit - delay in admissions condoned - appeal disposed of - admission to medical college: [k.g. balakrishnan c.j.i., & p. sathasivam, j] fixation of time schedule - admission given beyond time schedule - students granted admission were eligible and because of unprecedented situation could not secure admission within prescribed time limit - delay in giving admission condoned as a one time measure - time schedule prescribed in midul dhar (minor) & anr v union of india & ors. [2005 (2) scc 65; 2005air scw 471], however, to be followed strictly.order1. 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 cutoff date of 30th september of the concerned year. it may be noticed in mridul dhar (minor) and anr. v. union of india and ors. 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 eligible 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.

Judgment:
ORDER

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 cutoff date of 30th September of the concerned year. It may be noticed in Mridul Dhar (Minor) and Anr. v. Union of India and Ors. 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 eligible 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.