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2000 Supreme(SC) 338

A. S. ANAND, DORAISWAMY RAJU, S. RAJENDRA BABU
Director, Medical Education, Lucknow – Appellant
Versus
Swapnil Chauhan – Respondent


(1) RESPONDENT after qualifying in the P.G.M.E.E. in 1994 was allotted a seat in the Diploma Course in Gynaecology and Obstetrics [hereinafter Diploma G & O)] in Motilal Nehru Medical College, Allahabad which she joined in May, 1994. She had also sought admission for M.S. (Gynaecology and Obstetrics) [hereinafter M.S. (G & O)] at the time of applying for admission. It appears that a seat in M.S. (G & O) fell vacant because of the resignation of one of the candidates on 1st February, 1995. The respondent claimed admission to the M.S. (G & O) against that vacancy. That request having been declined, she filed a writ petition. The writ petition was allowed and the appellants were directed to admit the respondent in M.S. (G & O) course in the session 1994-97 for the vacancy caused by the resignation of Dr. Anupam Bansal within two weeks. This direction was made by the High Court on 11/9/1996, admittedly, much after the course in M.S. (G & O) for session 1994-97 had commenced. The appellants approached this Court and submitted that the direction given by the High Court on 11th September, 1996 to admit the respondent in M.S. (G & O) course for the session 1994-97 runs in the teeth







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