Madhya Pradesh High Court
Dr. Aakash Mehra vs The State Of Madhya Pradesh on 28 October, 2021
Author: Deepak Kumar Agarwal
1 RP.65.2021
THE HIGH COURT OF MADHYA PRADESH
RP.65.2021
(Dr. Aakash Mehra Vs. State of M.P. & Anr.)
Gwalior, dated :28.10.2021
Shri Rajendra Kumar Shrivastava, learned counsel for petitioner.
Shri M.P.S. Raghuwanshi, learned Additional Advocate General for
respondent/State.
1. This petition seeks review of final order dated 06/01/2021 passed by
this Court in WP No.13632/2020, whereby the petition in question preferred
by the petitioner had been dismissed.
2. Learned counsel for rival parties are heard on the question of
admission.
3. Learned counsel for petitioner has relied upon decision of three Judge
bench of Apex Court in the case of S. Krishna Sradha Vs. State of Andhra
Pradesh & Ors (Annexure A/4) and a two Judge bench decision of Apex
Court in the case of National Medical Commission Vs. Mothukuru Sriyah
Koumudi & Ors (Annexure A/5) and further, to a recent decision of Apex
Court in the case of Index Medical College Hospital and Research Center
Vs. State of Madhya Pradesh & Ors (Annexure A/8) to contend that order
under review runs contrary to the law laid down by the Apex Court in the
aforesaid three decisions.
4. Pertinently, by the order under review, the petitioner's claim for
admission to M.D. (Microbiology) Course in G.R. Medical College,
Gwalior on the seats left vacant after Mop Up round, was denied primarily
on the ground that the last date for admission was 31/08/2020 whereas the
petition in question was filed thereafter and thus, in view of the Apex Court
2 RP.65.2021
laying down the timeline to be strictly adhered to qua admission to
professional courses especially in the case of three Judge bench decision of
Mridul Dhar and another Vs. Union of India reported in (2005) 2 SCC 65,
the admission can not be granted.
5. Learned counsel for petitioner has placed reliance upon the aforesaid
three decisions of Apex Court. Taking up the first one i.e. S. Krishna
Sradha (Supra) vide A/4, it is seen that the same exclusively related to
M.B.B.S. Course and not postgraduate medical course and therefore, is
irrelevant to the issue herein. As regards the other judgment of Apex Court
in National Medical Commission (supra) vide A/5, though the said decision
pertains to admission to postgraduate course in Medical Science but a bare
reading of penultimate paragraph 12, it is evident that the Apex Court
despite finding the case of petitioner therein to be tenable on merits,
declined to grant direction for admission since the academic session in
question was over but directed for grant of compensation of Rs.10 Lakhs
and thus the said decision further is of no avail to the petitioner. Coming to
the last decision in the case of Index Medical College Hospital (Supra)
whereby the Apex Court struck down Rule 12(8a) of Madhya Pradesh
Chikitsa Shiksha Pravesh Niyam 2018 but the said decision was rendered on
3/2/2021 which was after the decision under review rendered on 6/1/2021.
5.1 It is settled law that a subsequent change in the judicial view can not
be a good ground for seeking review of a judicial order passed prior to the
change.
6. The order under review had been passed in strict adherence to the law
laid down by the Apex Court in three Judge Bench Decision in Mridul
3 RP.65.2021
Dhar and Another (Supra).
7. In view of above, this Court, in the absence of any palpable error
apparent on the face of record, dismisses the present review petition, sans
cost.
(Sheel Nagu) (Deepak Kumar Agarwal)
Judge Judge
(28/10/2021) (28/10/2021)
(suneel)
SUNEE Digitally signed by SUNEEL DUBEY
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BENCH GWALIOR, ou=HIGH COURT OF MADHYA
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st=Madhya Pradesh,
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DUBEY
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cn=SUNEEL DUBEY
Date: 2021.10.28 17:28:49 -07'00'
