MEDICAL COUNCIL OF INDIA Vs. SUKARNA MUKHERJEE

JUDGEMENT

(1.) The appeals have been preferred by the Medical Council of India aggrieved by the judgment and order dated 07.03.2012 passed by the Single Bench of this Court in which the question arises for decision in the instant matters that whether this Court could have directed the second counselling to be held for unfilled seats at the fag end of the academic session of 2012-13 in March 2013, particularly in view of the order passed by the Hon'ble Supreme Court in the matters which were pending in this Court on 28th May, 2012 in Special Leave to Appeal (Civil) Nos. 17684-17688 of 2012 in which the Apex Court has ordered that as the counselling was in continuance, eligible candidates of both Categories shall be allowed to participate in the counselling. The incentive marks may be awarded to the carved out category as in the notification to the in-service candidates which shall be placed in a sealed cover before the Division Bench hearing the matter. After the matter is decided on merits, the High Court may implement its order giving effect to the admission. It was specifically observed that the admissions shall take place only after the order of the Division Bench of the High Court hearing the writ appeal. The time for giving admission was extended regard being had to the special features of the case. Pursuant to the order passed by Apex Court the appeals being M.A.T. 661 of 2012, M.A.T. 681 of 2012, M.A.T. 688 of 2012, M.A.T. 793 of 2012, M.A.T. 840 of 2012 were decided vide judgment and order dated 18th October, 2012 and the admissions were accordingly given in compliance with the order passed by the Hon'ble Supreme Court on 20th October, 2012 as a special feature of the case.

(2.) The University of Health had issued a notification for admission test for Degree/Diploma/Post Graduate course on 22nd January, 2012 and for DPH/DIH on 29th January, 2012.

(3.) Notification was issued on 23rd November 2011 with respect to remote and difficult areas by the authorities so as to give weightage to the in-service candidates. It was set aside by Division Bench of this Court on 18.10.2012 In MAT 661 of 2012, M.A.T. 681 of 2012, M.A.T. 688 of 2012, MAT 793 of 2012 and MAT 840 of 2012, in which Division Bench of this Court had passed an interim order as against the order passed by the Single Bench. Same was questioned before the Hon'ble Supreme Court in Special Leave to Appeal (Civil) Nos. 17684-17688 of 2012 where the Hon'ble Supreme Court finally decided the same on 28th May, 2012.