M.M.DAS
Principal, Kalinga Institute of Medical Sciences (KIMS) – Appellant
Versus
State of Orissa – Respondent
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
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P.A. Inamdar v. State of Maharashtra (2005) 6 SCC 537 : AIR 2005 SC 3226;
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Lachoo Mal v. Radhe Shyam (1971) 1 SCC 619 : AIR 1971 SC 2213;
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Jit Ram Shiv Kumar v. State of Haryana and Ors. AIR 1980 SC 1285;
Bengal Iron Corporation v. Commercial Taxes Officer and Ors. AIR 1993 SC 2414;
Chandra Prakash Tiwari v. Shakuntala Shukla AIR 2002 SC 2322;
I.T.C. Ltd. v. Person Incharge, AMC
A. Sudha v. University of Mysore and Anr. AIR 1987 SC 2305;
Rajendra Prasad Mathur v. Karnataka University and Anr. AIR 1986 SC 1448
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