MEDICAL COUNCIL OF INDIA Vs. HARSHITHA AND ORS.

Supreme Court of India (Full Bench (FB)- Three Judge)

INTERLOCUTORY APPLICATION, 58-114 of 2016, Judgment Date: Sep 28, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                           I.A. NOS.58-114 OF 2016

                                   IN AND

                     CIVIL APPEAL NOS.9252-9308 OF 2016


Medical Council of India                               .....Appellant


                                  Versus

Harshitha & Ors.                                       …..Respondents

                                 O R D E R


1.    We have heard the learned counsel appearing for the parties.

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 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.