MEDICAL COUNCIL OF INDIA Vs. MANAS RANJAN BEHERA

JUDGEMENT

(1.) BOTH the writ appeals have been filed challenging the judgment and order dated 25-9-2008 passed by a learned Single Judge in W. P. (C) Nos. 14011 and 14097 of 2008 by which a direction has been issued to the present appellant, medical Council of India and the Orissa joint Entrance Examination, 2008, (hereinafter called 'ojee') respondent No. 5 in both the appeals.

(2.) THE facts and circumstances giving rise to these cases are that respondent No. 5 conducted a test for admission of students in MBBS/bds courses in the Medical Colleges. Result was declared and admissions were taken by the successful candidates. However, 12 seats became vacant as some students after the admission in the course had gone to other institutions and some of them did not join. Some of the students who could not get admission or could get admission in BDS course approached the respondent No. 5 pointing out that there was sufficient time for it to fill up the said 12 vacancies in view of the time schedule fixed by the Medical Council of India, the present appellant as it was permissible to complete the admissions by 30th September, 2008. Therefore, it must take steps to do the counselling for filling up the said 12 seats. Respondent No. 5 did not take any step. After waiting for some time, Manas Rajnan behera, respondent No. l in W. A. No. 200 of 2008 and Miss. Swati Sagarika Panda respondent No. l in W. A. No. 201 of 2008 filed the aforesaid writ petitions on 22-9-2008 and 23-9-2008 respectively for a direction to the authorities concerned to fill up 12 seats as in case re-counselling for 12 remaining vacant seats was held, they had a fair chance of getting admission in MBBS course.

(3.) THE learned single Judge considering the seriousness of the issue and taking note of the schedule time fixed by the Hon'ble apex Court disposed of both the writ petitions by judgment and order dated 25-9-2008 and issued direction to respondent No. 5 to fill up the 12 vacant seats strictly in accordance with the merit of the candidates in the OJEE, 2008 and complete the process latest by 30-10-2008.