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PETITIONER: MISS ANAMIKA BISHNOI

       Vs.

RESPONDENT: MS. MANJU CHAUDHRY AND OTHERS

DATE OF JUDGMENT:       23/01/1996

BENCH: SEN, S.C. (J) BENCH: SEN, S.C. (J) AHMADI A.M. (CJ) PARIPOORNAN, K.S.(J)

CITATION:  1996 SCC  (2) 144        JT 1996 (1)   668  1996 SCALE  (1)593

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T      SEN.J      Special leave granted.       The  appellant, Anamika  Bishnoi, was an applicant for migration duration  during the  year 1993  to the  Maharishi Dayanand University,  Rohtak. Even  though her  position was No.2 in  the order  of merit,  she was not granted admission since the  mark-sheet of  the  First  Professional  entrance Examination was  not annexed  to her application. This mark- sheet was  submitted later  on. a representation made by the Maharishi Dayanand  University, her  case  was  referred  to Medical Council of India. The Medical of India, after, after taking into  consideration the  fact that  the appellant was No.2 in the order of merit, directed the University to grant migration to  the appellant  by adjusting  her for the quota for the year 1994. In compliance with the direction given by the  Medical   Council  of  India,  the  Maharishi  Dayanand University allowed  the appellant  to join  MBBS Course.  It appears  that  in  the  judgment  under  appeal  dated  23rd February,  1995.   high  Court   has  failed  to  take  into consideration  the   special  aspect  of  the  case  of  the appellant. The  admission  of  the  appellant  on  migration cannot be  quashed at  this stage, particularly when she has been admitted  on the  strength of  marks  obtained  at  the examination and  on the recommendation of Medical Council of India. It has been stated in her affidavit in rejoinder that she is  at present  undergoing the  Third Professional  MBBS corse in  Maharishi Dayanand  University. This  is her final year. She has already successfully completed the Second Year MBBS  course.  The  result  of  the  examination  of  Second Professional MBBS course held in May, 1995 has been declared in July,  1995 and  she has  obtained high  marks.  at  this examination. She  is now on the verge of completing the MBBS course and  it will  not be  fair to cancel her admission at

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this stage.  No ground at all has been five for quashing her admission to  the MBBS  course  of  the  Maharishi  Dayanand University. In  that view of the matter, it is directed that Anamika Biahnoi  should be  allowed to pursue her studies in the MBBS courses in the Maharishi Dayanand University.       The appeals are disposed of accordingly.