The Court reinforces the principle that mid-session admissions are generally impermissible, emphasizing adherence to established cut-off dates unless specific conditions warrant exception.

1. This Mandamus Appeal is directed against the judgment and / or order passed by the Learned Single Judge of this Court on 12th March, 2014 in W.P No. 6225 (W) 2014 at the instance of the appellant which was figured as respondent No.7 in the writ petition.

2. By the impugned order, the West Bengal University of Health Sciences was directed to arrange for recounselling for filling up four (4) vacant seats of M.D. (Homoeopathy) course, 2003 in different Homoeopathy Medical Colleges affiliated to the said University. The concerned respondents were also directed to take steps with utmost expedition so that no further delay is caused in giving admission to the deserving candidates after holding appropriate recounselling by the University. The respondents were also directed to extend the cut - off date till the admission is completed for those four (4) vacant seats.

3. The legality and / or propriety of the said order is under challenge in this Mandamus Appeal at the instance of one of such affiliated Homoeopathy Medical Colleges to whom one of the selected candidates was recommended for admission through the process of recounselling. The candidate whose admission was denied by the Homoeopathy Medical College is impleaded as respondent No.10 herein. The other candidate whose admission was allowed in the other Homoeopathy Medical College is impleaded as respondent No.11 in the instant appeal. He was allowed admission in the said course in the said Homoeopathy Medical College during the pendency of this appeal.

4. Though the University authorities and the colleges affiliated to the said University were willing to fill up those four (4) vacant seats by holding recounselling of the willing candidates even after the expiry of the cut - off date fixed by the Central Council of Homoeopathy, but, in fact, no effective step was taken by the University authorities for holding such recounselling of the willing and deserving candidates for filling up those four (4) vacant seats. In this context, the writ petition was filed by four (4) candidates who were willing to participate in the recounselling, praying for issuance of direction upon the University concerned for holding recounselling of the willing and deserving candidates for filling up those four (4) vacant seats. Out of those four (4) vacant seats, two (2) seats were reserved for BIMSTEC countries i.e., foreign countries. I

5. n the aforesaid set of facts, a dispute was raised as to whether admission of the suitable candidates in those vacant seats is possible after holding recounselling of the suitable candidates after expiry of the cutoff date fixed by the Central Council of Homoeopathy. Another question has also cropped up as to whether two seats which were reserved for the BIMSTEC countries i.e., foreign countries can be filled up by other candidates, save and except the candidates for whom those two seats were kept reserved by the Central Government.

6. The Learned Single Judge by relying upon a decision of the Hon'ble Supreme Court in the case of Asha ' "Vs - Pt. B.D Sharma University of Health Sciences and Ors. reported in 2012 (7) SCC 389 : AIR 2012 SC 3396 held that if those four (4) Post Graduate course seats are kept vacant, then the professional career of the meritorious candidates will be ruined. His Lordship also held that in suitable cases the cut - off date fixed by the Medical Council of India for admission of candidates in the said seats can be regularized so that the career of the meritorious candidates