Nooty Ramamohana Rao, J.

1. This appeal is preferred by Medical Council of India (henceforth called MCI), calling in question the correctness of the order passed on 21.10.2016 in W.P. No. 36066 of 2016 by a learned single Judge of this Court. The said Writ Petition was instituted by the mother of a student, by name S. Maruthi, pursuing Bachelor of Dental Science (BDS) Course. She was granted admission to BDS Course during the academic year 2016-2017.

2. The grievance ventilated on behalf of the writ petitioner is that in the composite common application submitted for admission to both MBBS and BDS Courses, she sought for admission for MBBS Course, as first priority. In view of the general rank 20812 secured by her and backward class community rank 9492, which was determined based upon the aggregate marks secured by her at 154.75, she was granted admission to BDS Course. The counselling took place for the admission process on 05.10.2016, as the Dental Council of India granted extension of seven days for completing the admission process beyond 30.09.2016. The case set up by the writ petitioner was that as on 05.10.2016, the date on which she was granted formal admission to BDS Course, there were several vacancies available in MBBS Course and, in particular, seats in MBBS Course are available in Madha Medical College and Hospital, Somangalam Road, Kundrathur, Chennai, and also in Annai Medical College and Hospital, Sriperumbadur, Chennai, but, in spite of the same, she was not granted admission to MBBS Course in those medical colleges and, instead, granted admission to BDS Course on 05.10.2016. Immediately coming to know of the availability of vacancies in the aforementioned two medical colleges, this Writ Petition came to be instituted on 07.10.2016, seeking a writ of mandamus, directing the respondents 2 and 3, namely, the Director of Medical Education, and the Selection Committee for admissions, respectively, to forward the name of the ward of the writ petitioner to be admitted to MBBS Course in any of the medical colleges, where the seats are available. The learned single Judge, by his order, dated 21.10.2016, had reached to a conclusion that those students who have been granted admission to BDS Course can be granted admission to MBBS Course, by way of sliding, even beyond 30th September, 2016. In that view taken by the learned single Judge, the Writ Petition came to be allowed. MCI is on appeal against the said judgment.

3. Learned counsel for the appellant would urge that students admitted to BDS Course cannot slide to MBBS Course, even though there are vacancies in MBBS Course available after the cut-off date, namely, 30.09.2016, for admission to MBBS Course. Secondly, it is also urged that the course content of the subjects pursued and prescribed for BDS Course is not the same as that of the curriculum contained and the practical examination content of the subjects taught during the first year MBBS Course. Thirdly, while several other States have preferred appeals to the Supreme Court, seeking extension of the cut-off date beyond 30.09.2016 by one week for the admission process of MBBS Course, the State of Tamil Nadu has not filed any such appeal before the Supreme Court and, hence, so far as the State of Tamil Nadu is concerned, the cut-off date for admission to first MBBS Course still remains as 30.09.2016 and, hence, beyond that date, there is no way the admission process to first MBBS Course can be kept alive beyond 30.09.2016. It is also contended that no regular process of admission is undertaken for the left over/remaining vacant seats in various medical colleges and, hence, selectively, students cannot be pegged up for admission process to MBBS Course, irrespective of their merit ranking. It is further urged that Medical Council of India is seriously concerned with securing full attention of the students pursuing MBBS Course and hence the rigorous standards are prescribed, so that the students will receive