The division judge bench of Justice Ajay Rastogi and Justice C.T. Ravikumar of the apex court in the case of Board of Governors in Supersession of Medical Council of India Vs Dr Priyambada Sharma & Others Respondent(s) held that no sympathy can be shown to such students who have not only entered/admitted after 31st May of the year but their admissions were completely in contravention to the Regulations, 2000.
BRIEF FACTS
The factual matrix of the case is that the Board of Governors of the Medical Council of India filed these appeals in opposition to the decision of the High Court of Calcutta ordering respondent no. 2 West Bengal University of Health Sciences to initially admit the respondent candidates by interim orders passed by the learned Single Judge of the High Court granting provisional admission pursuant to interim orders to the student applicants in post-graduate medical courses after the cut-off date in complete ignorance.
The learned counsel appearing on behalf of the appellant has submitted that the high court has committed a grave error in directing the provisional admissions in this batch of appeals in postgraduate medical courses in the academic year 201920 beyond 31st May and that apart, the admission could not have been made on the principle of firstcumfirstserve regardless of their placement in the order of merit which is the touchstone for admissions to the postgraduate medical courses. Such orders passed by the High Court are not legally sustainable and deserve to be set aside. It was further submitted that merely because some students are allowed to continue the course on a provincial basis despite the stay order passed by this Court, no sympathy can be claimed by them and such misplaced sympathy indeed will lay down a bad precedent.
The learned counsel for the respondent has contended that no student was at fault just because of the order passed by the high court. It was further submitted that the student will only lose three precious years of their life and neither the appellant nor anyone else is going to be benefitted.
COURT’S OBSERVATION
The court held that no sympathy can be shown to such students who have not only entered/admitted after 31st May of the year but their admissions were completely in contravention to the Regulations, 2000 and provisional admissions were granted by the High Court ignoring the principle of merit which is the sole touchstone for admission to the postgraduate courses based on the NEET examination, 2019 where admissions are made strictly in the order of meritcumpreference and despite the stay order passed by this Court, if they are allowed to continue in postgraduate medical courses, the same would be completely illegal and such contemptuous action on the part of the authorities, cannot be approved by this Court.
CASE NAME- Board of Governors in Supersession of Medical Council of India Vs Dr Priyambada Sharma & Others Respondent
CORUM- Justice Ajay Rastogi and Justice C.T. Ravikumar
DATE- 17.10.22
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