ORDER

1. SPECIAL LEAVE GRANTED.

2. WE HAVE HEARD COUNSEL FOR THE PARTIES.

3. THIS ORDER MAY BE READ IN CONTINUATION OF OUR EARLIER ORDER, DATED 10-12-2004. THE LEARNED SOLICITOR GENERAL APPEARS ON BEHALF OF THE MEDICAL COUNCIL OF INDIA. HE HAS PLACED BEFORE US SEVERAL DECISIONS OF THIS COURT WHERE WITH A VIEW TO DO JUSTICE APPROPRIATE DIRECTIONS WERE PASSED. IN THE INSTANT CASE WE ARE SATISFIED THAT THE APPELLANT IS ENTITLED TO CONSIDERATION ON EQUITABLE GROUNDS, BECAUSE FOR NO FAULT OF HIS HE SHOULD NOT BE MADE TO SUFFER MORE THAN WHAT IS UNAVOIDABLE.

4. HAVING HEARD COUNSEL FOR THE PARTIES AND HAVING REGARD TO THE PRECEDENTS, WE DIRECT THAT THE APPELLANT SHALL BE ADMITTED IN THE FIRST YEAR MBBS COURSE FOR THE ACADEMIC SESSION 2005-2006 WITHIN THE PERMISSIBLE INTAKE LIMIT OF RESPONDENT 4 COLLEGE. THE ADMISSION SHALL BE GRANTED TO. HIM WITHOUT INSISTING ON COUNSELING. PAYMENT OF ADMISSION AND TUITION FEE SHALL NOT BE INSISTED UPON IF HE HAD ALREADY PAID SUCH FEE WHILE SEEKING ADMISSION IN THE PREVIOUS YEAR, AND IF ALREADY PAID, SHALL BE ADJUSTED AGAINST THE FEE PAYABLE FOR THE SESSION 2005-2006 ONWARDS.

5. THIS APPEAL IS DISPOSED OF IN THE ABOVE TERMS.