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2014 Supreme(SC) 686

FAKKIR MOHAMED IBRAHIM KALIFULLA, SHIVA KIRTI SINGH
Bonnie Anna George – Appellant
Versus
Medical Council of India – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. The Petitioner who has joined the Christian Medical College, Ludhiana (hereinafter referred to as the ‘second Respondent’) in the P.G. Course i.e. M.D. Pathology, has come forward with this writ petition with a prayer for the issuance of a Writ of Mandamus directing the Respondents to permit her to shift her P.G. course from M.D. Pathology to M.D. General Medicine in the available vacant seat under the N.R.I. quota within the College. According to the Petitioner, she joined the P.G. course M.D. Pathology in the academic year 2013-14 based on the prospectus issued by the second Respondent. She claims to belong to sponsored category ‘A’. She contended that after her success in the entrance examination wherein she secured thirteenth rank in the category ‘A’, she participated in the first counselling on 21.05.2013, that though her first preference was M.D. General Medicine, as there was no seat available for her rank in the category ‘A’, she accepted M.D. Pathology and paid the full fee (Rs.3.98 lakhs) and joined the course. The second counselling was stated to have been held on 28.05.2013. Though there was a seat vacant in M.D. General










































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