Niranjan Marandi v. State Of Jharkhand & Ors

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY

----

For the Petitioner: Mr. Manoj Tandon For the Respondents: Mr. Ajit Kumar, AAG, A.K. Mehta.

----- Dated 6th November, 2012 Heard learned counsel for the parties on the Limitation Application, being I.A. No. 1780 of 2012, for condonation of delay of 21 days.

In view of the reasons given the limitation application, the I.A. No. 1780 of 2012 is allowed and delay in preferring the appeal is condoned.

Heard learned counsel for the parties on the merit of the appeal.

Learned counsel for the respondent nos. 2 and 3 submitted that in a matter of admission to the medical college in pursuance of the notification dated 21st September, 2011, the matter was recommended to the Medical Council of India for its consideration for admission of the students, which has been duly considered by the Medical Council of India in light of the impugned judgment of the learned Single Judge dated 28th March, 2012. The Medical Council of India has rejected the candidature of the writ petitioners and after observing that to maintain academic standard and also in view of the law laid down by the Hon'ble Supreme Court obviously in the case of Priya Gupta Vs. State of Chhattisgarh & Ors reported in (2012) 7 SCC 433 held that admission to students for the vacant seats of the academic year 2011-12 cannot be granted for the academic year 2012-13.

Since Medical Council of India has already rejected the claim of the writ petitioners after consideration, which is in consonance with the judgments delivered by the Hon'ble Supreme Court in the case of Medical Council of India Vs. Madhu Singh & Ors. reported in (2002) 7 SCC 258, we are of the considered opinion that in view of the fact that the Medical Council of India following the decision of Hon'ble Supreme Court rejected the candidature of the writ petitioners, therefore, this L.P.A is disposed of with the above observations and after taking note of the observations made by Medical Council of India.

In view of the above, the application (I.A. No. 1781 of 2012) seeking permission to allow the appellant, who was not party in the writ petition, stands disposed of.

(Prakash Tatia, C J) (Jaya Roy , J) Alankar/-