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1998 Supreme(SC) 1474
SUPREME COURT OF INDIA
A.S. Anand and D.P. Wadhwa, JJ.
Karandeep Singh & Ors. - Petitioners
Versus
Union of India & Ors. - Respondents
W.P.(C) No. 203 of 1998 (with W.P.(C) Nos. 210, 229, 218 & 292 of 1998).
Decided On : 20-7-1998
Courts may direct the examination of petitioners' cases and grant them admission against vacant seats in different medical colleges in cases of delayed academic sessions and hardship faced by the petitioners.
Headnote:
Delay in Academic Sessions - Admission to Post Graduate Medical Courses - Court directs Director General, Health Services to examine petitioners' cases and grant them admission against vacant seats in different medical colleges
Fact of the Case:
The academic sessions in medical colleges in the State of Assam have been delayed, causing hardship to petitioners who opted for admission. Seats in various medical colleges in different states have not been released due to interim orders made by the Court.
Finding of the Court:
The Court directs the Director General, Health Services to examine the petitioners' cases and grant them admission against vacant seats available in different medical colleges, unless there are candidates with higher marks interested in pursuing the courses.
Issues: Delay in academic sessions, availability of vacant seats in medical colleges, hardship faced by petitioners, interim orders restraining states from filling up seats
Ratio Decidendi: In the peculiar circumstances, the Court directed the Director General, Health Services to grant admission to petitioners against vacant seats in different medical colleges, considering the delay in academic sessions and the hardship faced by the petitioners.
Final Decision: The writ petitions are disposed of, and the interim directions issued by the Court restraining the states from filling up the seats shall stand vacated.
JUDGMENT :
1. The order will dispose of Writ Petition (C) Nos. 203, 210, 229, 281 and 292 of 1998 which have been filed by the petitioners who opted for admission to Post Graduate courses in different medical college in the State of Assam.
2. It is not in dispute that the academic sessions in all the medical colleges in the State of Assam have been delayed for the last few years. These petitioners who opeted for admission to those colleges. Though at their own risk, have not been. able to pursue the course of study till date. Indeed they are suffering hardship because of the delayed sessions. We are informed by learned counsel for the respondents that there are a number of seats still available in various medical colleges in different States in different disciplines at the Post Graduate level. These seats have not been released by the States because to interim orders made by this Court.
3. In the peculiar facts and circumstances of these cases, we direct the Director General, Health Services to examine the cases of all these petitioners and unless there are candidates, who have secured marks higher than the petitioner and are interested to pursue the Post Graduate courses in the concerned colleges, to grant them admission against the vacant seats available in different medical colleges of the country,. The petitioners shall approach the Director General, Health Services within one week from today for a follow up action.
4. Those of the petitioners, who are adjusted and granted admission in medical colleges other than those in the State of Assam, after proper consideration of their cases based on merits by the Director General, would indeed be late in joining the new colleges since sessions have already started . The fact that they could not join the colleges to which they may be allotted by the Director General hereafter, because of the circumstances beyond their control shall not under the circumstances, be put against them in those colleges.
5. After the petitioners are adjusted the interim directions issued by this Court, restraining the States to fill up the seats, shall stand vacated.
6. The writ petitions are disposed of No costs.
