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K. VINOD CHANDRAN, PARTHA SARTHY
Gul Afshan Naz D/o Shoaib Ahmad – Appellant
Versus
Union of India through the Secretary, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Deepak Kumar Sinha.
For the Respondents: Gopal Govind Mishra, P.K. Shahi, K.N. Singh, Kumar Priya Ranjan, Kumar Brijnandan, Prasoon Sinha, Vinay Krishna Tripathy, Binodanand Mishra, Mritunjay Kumar, S.D. Yadav, B.B. Mishra, Ansul, Anuj Kumar, Suryadeo Yadav, Prem Ranjan Kumar.

JUDGMENT :

K. VINOD CHANDRAN, J.

1. Medicine as a career option stands out from others; desired equally by the parents and their wards. Out of the various disciplines, MBBS occupies the place of pride and the jostling to procure admission has resulted in the Courts of this land having spent considerable time in examining the nuances of selection to ensure fairness, transparency and equality as also avoid, illegality, arbitrariness and colourable exercise of power. The Hon’ble Supreme Court has time and again held that in no case can merit be compromised and rendered a casualty. It is in the backdrop of the principles enunciated by the Hon’ble Supreme Court that the alternate/substitute remedy of compensation granted in the above cases by the learned Single Judge, to the disappointed candidates who were the petitioners in the writ petitions, has to be considered in the appeals filed by the Bihar Combined Entrance Competitive Examination Board, which carried out the admissions under challenge, on the directions issued by the Hon’ble Supreme Court.

2. Bereft of the unnecessary details, it has to be noticed that the admissions were for the academic year 2016-17, carried out to the MBBS/BD

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