Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 252

SUPREME COURT OF INDIA
SANJIV KHANNA, SANJAY KUMAR, K.V. VISWANATHAN, JJ.
Dr. Priyambada Sharma, etc. etc. – Petitioner
Versus
Board of Governors In Supersession of Medical Council of India & Ors. etc. – Respondents
Review Petition (Civil) Nos. 1739-1746 of 2023 In Civil Appeal Nos. 7533-7534, 7535, 7536, 7537, 7538, 7539 and 7540 of 2022
Decided On : 28-01-2025

Advocates appeared:
For the Petitioner(s): Mr. V. Giri, Sr. Adv. Ms. Meenakshi Arora, Sr. Adv. Mr. Sanjay Kumar Singh, Adv. Mr. Abhishek Yadav, Adv. Mr. Vikram Patralekh, Adv. Mr. Braj Kishore Mishra, AOR Mr. B.S. Rajesh Agrajit, Adv. Ms. Jyoti Rana, Adv. Mrs. Meetu Goswami, Adv. Ms. Priya Nagar, Adv. Mr. Siddharth Goswami, Adv. Mr. Shyamal Kumar, AOR
For the Respondent(s): Mr. Subhasish Bhowmick, AOR Ms. Manisha Pandey, Adv. Mr. Rahul Kushwaha, Adv. Mr. Shubhankar, Adv. Mr. M.K. Rathor, Adv. Mr. Reegan S. Bel, Adv. Mr. Pranshu Kaushal, Adv. Mr. Ashutosh Singh, Adv. Mr. Rakesh Kumar Tiwari, Adv. Mr. Gaurav Sharma, Sr. Adv. Mr. Dhawal Mohan, Adv. Mr. Rajesh Raj, Adv. Mr. Paranjay Tripathi, Adv. Mr. Prateek Bhatia, Adv./AOR Mr. Anando Mukherjee, AOR

The court upheld the validity of degrees awarded to Senior Residents and allowed a student to continue her studies, imposing costs on the authorities for prior hindrance.

Headnote:(A) Review of Judgment - The court allowed review petitions concerning degrees awarded to Senior Residents, affirming their validity despite prior judgment dated 17.10.2022. Dr. Priyambada Sharma is permitted to continue her studies after being hindered by the earlier ruling. (Paras 1-3)

(B) Costs - The court imposed consolidated costs of Rs. 5,00,000/- on the University and College, to be deposited in the Chief Minister’s Relief Fund. (Paras 4-6)

(C) Finality of Review - The judgment dated 17.10.2022 is modified as per the current order. (Paras 6-7)

Table of Content
1. dr. priyambada sharma's studies (Para 2)
2. permission to complete studies (Para 3)
3. imposition of costs (Para 4)
4. disposal of review petitions (Para 5)
5. modification of previous judgment (Para 6)
6. disposal of pending applications (Para 7)

ORDER

Having heard the learned counsel for the parties and given the peculiar facts and circumstances of the case, the present review petitions deserve to be allowed to the extent that the review petitioners who have completed their studies in the month of July 2022, and were thereafter appointed and were working as Senior Residents, should not be deprived of their degrees. In other words, the degrees awarded to them, despite the judgment of this Court dated 17.10.2022 passed in the civil appeals, would be treated as legal and valid. This does not include Dr. Priyambada Sharma.

2. As far as Dr. Priyambada Sharma is concerned, it is stated that she had continued with her studies till the judgment dated 17.10.2022 was passed. In view of the said judgment, she was prevented from continuing with her further studies. It is stated that Dr. Priyambada Sharma had taken admission on 17.07.2019.

3. Keeping in view the fact that Dr. Priyambada Sharma already studied for almost three years, we permit her to continue and complete her studies at the North Bengal Medical College, Darjeeling, West Bengal.

4. At the same time, we deem it appropriate to impose consolidated costs of Rs. 5,00,000/- (Rupees five lakhs only) on the authorities concerned, viz., the University and the College, which shall be borne by them jointly and equally, which will be deposited in the Chief Minister’s Relief Fund, Government of West Bengal, within four weeks from the date a copy of this order is received by them.

5. Recording the aforesaid, the review petitions are disposed of.

6. The judgment dated 17.10.2022 shall stand reviewed and modified to the extent indicated above.

7. Pending application(s), if any, shall stand disposed of.

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