M.M. SUNDRESH, J

1. Before dwelling upon the issues involved in this appeal, the factual matrix involved requires a thorough narration.

2. The Honourable Apex Court in MEDICAL COUNCIL OF INDIA vs. MADHU SINGH AND OTHERS [(2002) 7 SCC 258], in order to regulate, avoid and prevent admission of students in the midstream of a medical course had issued certain directions. The directions as issued are apposite and they are extracted hereunder:

"23. There is, however, a necessity for specifically providing the time schedule for the course and fixing the period during which admissions can take place, making it clear that no admission can be granted after the scheduled date, which essentially should be the date for commencement of the course. In conclusion

(i) there is no scope for admitting students midstream as that would be against the very spirit of statutes governing medical education;

(ii) even if seats are unfilled that cannot be a ground for making mid-session admissions;

(iii) there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year;

(iv) MCI shall ensure that the examining bodies fix a time schedule specifying the duration