VINAY SHANKAR Vs. DIRECTOR GENERAL OF HEALTH SERVICES

JUDGEMENT

(1.) The Indian Medical Council has moved this application for the mo fication of the order dated 8-2-1990 of this Court. This application is made in the context of certain directions issued by this Court in W. P. No. 1253 of 1989 on an application moved by the State of Maharashtra.

(2.) It is relevant to recall that the State of Mahai.ashtra filled-up with some of the State's candidates certain seats in its Medical College which were otherwise unavailable to it having been earmarked for the All-India quota.That arrangement having been found to be in conflict with the directions issued by this Court on 20-12-1989 in the matter of allotinent of seats to the candidates in waitlist in the All-India quota, some seats so allotted by the State in favour of its own local students came to exceed the permitted in-take in the concerned medical colleges. It was observed by this Court in the course of its order dated 8-2-1990 that the State Government may absorb those admissions by an appropriate and corresponding increase in the in-take.

(3.) The stand of the Indian Medical Council is that certain observations made in the course of the order and in particular para8 thereof, are susceptible of being construed as a mandate to the Indian Medical Council to permit such increase in the in-take that those observations and directions having been made without an oppertunity for the Medical Council of being opportunity for the medical council of beingheard should be treated as merely tentative and not find and that the Indian, Medicaln Council, be heard in the matter