The principle of estoppel can be applied in cases where individuals have altered their position based on representations made by authorities, and they should not be penalized for acting in reliance on such representations.

ORDER

M.M. Das, J.

1. W.P. (C) No. 10733 of 2009 has been filed by the Principal, Kalinga Institute of Medical Sciences (for short, ' the KIMS') and W.P. (C) Nos. 16444, 16445, 16446, 16447, 16448 and 16449 of 2009 have been filed by six petitioners-students of the said institution, who have been asked to be discharged from the M.B.B.S. Course, 2008-09.

2. The brief facts leading to the case are that the six petitioners-students appeared in the Orissa Joint Entrance Examination, 2008. Being selected to take admission in M.B.B.S. Course and being allotted the Medical College, i.e. the KIMS, they took admission in the said college and continued to study M.B.B.S. Course and were due to appear in the 1st year M.B.B.S. Examination in the month of July, 2009, but were not permitted by the Utkal University to appear in the said examination in view of the letter dated 23-3-2009 of the Medical Council of India (for short, the M.C.I.") addressed to the Principal, KIMS, copy of which was endorsed to the Registrar, Utkal University and the authorities of the State.

Be it mentioned here that by an interim order passed by this Court, the said six petitioners-students were permitted to appear in the 1st year M.B.B.S. Second Semester Examination, 2009 and thereafter, are continuing to prosecute the said course.

3. Learned Counsel for the petitioners contended that the ground on which the M.C.I. has sought for discharge of the said six petitioners-students from the M.B.B.S. Course is that the petitioners-student, under the M.C.I. Regulation 5(5)(ii) of the Graduate Medical Education, 1997, were not eligible to be given admission to M.B.B.S. Course as they did not secure 50% marks in the Orissa Joint Entrance Examination. The six petitioners-students were admitted in the seats reserved for AIPMT. Learned Counsel further submitted that in the Information Brochure for the Orissa Joint Entrance Examination, 2008 published by the Chairman, J.E.E. 2008, which were given to the candidates for their information, under Clause 4.2, prescribed the eligibility of candidates for admission to 1st Year Medical Stream (M.B.B.S. and B.D.S.) that the candidate should have passed in 10+2 or has appeared in 2008 Examination of C.H.S.E., Orissa or any equivalent examination with Physics, Chemistry and Biology having at least 50% marks in the aggregate for the said subjects for general category candidates and 40% marks for Scheduled Caste/Schedule Tribe candidates. It was never prescribed in the said brochure that a candidate in order to be eligible to get admission to 1st Year Medical Stream should obtain a minimum of 50% marks in the Joint Entrance Examination. The six petitioners students being duly selected in the Joint Entrance Examination and offered with the chance of admission, they were admitted in the KIMS and, hence, after completing the 1st year course, they could not have been debarred by the Utkal University from appearing in the Second Semester M.B.B.S. Examination basing on the letter of the M.C.I. The M.C.I., if found fault with the process of admission of the six petitioners-students, should have taken immediate steps before the said six petitioners-students took admission to the said course and since the M.C.I. has failed to take such action and the six-petitioners-students have continued to prosecute the M.B.B.S. Course, as such, the order for their discharge from the position stands irretrievable. It was, therefore, contended that for no fault of the six petitioners-students, they cannot be debarred from prosecuting the M.B.B.S. Course at this belated stage.

4. Counter-affidavits have been filed by the M.C.I. and the Orissa J.E.E. The State, however, has chosen not to file any return to the writ petitions. The M.C.I. in its counter-affidavit has referred to various decisions of the Apex Court and has, inter alia, pleaded that the primary responsibility for giving admission to the students in the medical courses in accordance with the directions issu