NIZAMS INSTITUTE OF MADICAL SCIENCES Vs. MAMATHA REDDY

JUDGEMENT

(1.) Nizam's Institute of Medical Sciences, Hyderabad (for short "NIMS") has called in question the interim direction dated 23rd of November 2010, passed in Writ Petition No.29109 of 2010, requiring it to permit the respondent Doctors to attend classes of the Post-graduate/Super Speciality Courses on the basis of provisional admission given to them by NIMS, based on a common judgment dated 30.9.2010, handed down in clubbed Writ Petitions 13224, 21877, 21916, 22092, 22093 and 22094 of 2010. At the very outset it needs to be noticed, that NIMS is not averse to the implementation of the judgment which fact is evidenced by communication of NIMS dated 01.11.2010, wherein it had requested the Medical Council of India ("MCI" hereinafter), to permit it to admit petitioners six in number to the Super Speciality Course but was declined vide its communication dated 2.11.2010, on the strength of the Regulation which has received approval of the apex Court in Mridul Dhar v. Union of India, 2005 AIR(SC) 666 preventing a medical institute to admit a student to the Post-graduate Super Speciality Course beyond 30th September. Being aggrieved of the communication of the MCI aforementioned, the writ petitioners (respondents herein), filed Writ Petition No. 29109 of 2010, which upon consideration on 23-11-2010, begot a direction favouring the writ petitioners-respondents, requiring the NIMS, to permit them to attend classes for the present academic session of Super Specialty Courses and the direction has to be operative until disposal of the writ petition. The direction being in contravention of the Regulation of the MCI and judgment of the Supreme Court, preventing a medical institute from granting admission to a candidate in Postgraduate Super Specialty Course beyond 30th September, hence, this appeal which gives rise to a short, but an important question of law, summarized hereunder:

(2.) For answering the above said question, it is necessary to extract a few relevant paragraphs of the judgment of the Apex Court in Mridul Dhar v. Union of India, 2005 AIR(SC) 666:

(3.) A plain reading of the judgment reveals that 30th September is the last date up to which a candidate could be admitted to the Super Speciality Course and the judgment commands the Central Government, the State Governments and their functionaries, to adhere strictly to the time schedule and a speaking direction is given to the Chief Secretaries of each State/Union Territory and/or Health Secretaries to ensure compliance with the directions of the Court without fail, forewarning the defaulters by penal consequences, leaving no scope for admission to a medical institute after 30th September.