MEDICAL COUNCIL OF INDIA Vs. DR. SANAND PREM

JUDGEMENT

(1.) These applications are for condonation of delay in filing the Letters Patent Appeals. For the reasons mentioned in the Interlocutory applications, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeals.

(2.) The writ applicants were all successful candidates in the examination, which was held by Bihar Combined Entrance Competitive Examination Board for admission in Post Graduate courses in different Medical Colleges of Bihar. The examination in question was held in the year 2014. The writ applicants were initially admitted to the Post Graduate courses before 10th of July, 2014, the cut-off date fixed for admission. But on account of third counselling, some of the writ applicants upgraded their admission to other Medical Colleges or in different disciplines. The writ applicants were admitted before 08th of Aug., 2014 in different courses. It is, thereafter, the Medical Council of India on 21.01.2016 cancelled the admission of all the writ applicants for the reason that they have been admitted after the cut-off date 10.07.2014 fixed by the Honourable Supreme Court.

(3.) The learned Single Bench allowed the writ applications relying upon the Honourable Supreme Court Judgment in the case of Asha Vs. PT. B.D. Sharma University of Health Sciences, reported as (2012) 7 SCC 389 as it found that there is no fault on the part of the candidates and that present is a case where the Board had taken the responsibility of not completing the third counselling before the cut-off date. The learned Single Bench, inter alia, concluded as under: