The main legal point established in the judgment is the court's authority to direct the Medical Council of India to consider and approve admissions into the MBBS course based on the peculiar facts and circumstances of the case.

1. The prayer in W.P.No.2048 of 2006 is to issue a writ of mandamus directing the respondents 1 and 2 to get the petitioner admitted into I MBBS Course and consequently direct the respondents 3 and 4 to register the petitioner as an approved candidate for the MBBS course from 2004-2005.

2. The prayer in W.P.No.538 of 2006 is to issue a Writ of Mandamus directing the fourth respondent herein to approve the admission of the writ petitioner and further direct the first and second respondents herein to register the petitioner name with the Tamil Nadu Dr.M.G.R. Medical University.

3. The brief facts necessary for disposal of the Writ Petition No.2048/2006 are as follows: (a) Petitioner applied for admission to the first year MBBS course 2004-2005 after passing Plus 2 examinations with 1111 marks out of 1200. The petitioner appeared in the entrance examination conducted by the Anna University for admission to professional courses. The petitioner was ranked 944 in the general category and 59 in Self-Financing Institutions category under open competition in the 1st year M.B.B.S., Course. Petitioner secured 294.14 out of 300. The counselling for admission to MBBS course was conducted on 14.8.2004, 3.9.2004 and on 21.9.2004. (b) On 21.9.2004 petitioner was placed in the waiting list for admission to MBBS course in Self-Financing Institutions under open category by the respondents 1 and 2. Thereafter without any intimation to the petitioner, one R.Charumathy, who secured only 294.10 marks, who was initially ranked at 950 in general category and 67 in Self-Financing Institution (open category), who was also ranked second in the waiting list, was allotted a seat in MBBS course in IRT medical college, Perundurai by the second respondent. (c) Petitioner having secured more marks than the said R.Charumathy, i.e., 294.14 marks and ranked at 944 in general category and 59 in Self-Financing Institution open category and placed No.1 in wait list, aggrieved over the denial of admission, issued a counsel notice on 4.10.2004 and called upon the second respondent to furnish the reason for ignoring petitioners claim. In spite of the said notice, no action being taken, petitioner filed W.P.No.29989 of 2004 and prayed for issuing writ of mandamus directing the respondents 1 and 2 to allot a seat in IRT Medical College, Perundurai or in any other medical college in the state of Tamil Nadu. (d) The said writ petition was allowed by this Court on 6.12.2004 on the assurance given by the counsel who appeared for the second respondent that a seat is vacant in Government Medical College, Kanyakumari within the sanctioned strength and the petitioner will be accommodated in the vacant seat. Pursuant to the disposal of the above writ petition, on 9.12.2004 the second respondent issued an order admitting the petitioner in the First year MBBS course in Government Medical College for 2004-2005 session and the petitioner joined the course on 10.12.2004. The said seat became vacant in the College due to discontinuation of another candidate. (e) According to the petitioner, after admission he attended the classes regularly and when the examinations were proposed to be conducted the petitioner received a letter from the 4th respondent on 4.1.2006 stating that the University had requested the 5th respondent to obtain required permission from the Medical Council of India for registering petitioners admission on the ground that the petitioner was admitted after the cut-off date i.e. 30.9.2004 and the judgment of this Court is contrary to the orders of the Supreme Court. The petitioner was informed that he would be permitted to appear for the examinations to be conducted in February, 2006 only after the approval of his admission by the Medical Council of India. Petitioners admission having not been approved by the Medical Council of India on the ground that he was admitted after the cut-off date, petitioner filed the above writ petition with the above said prayer