IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4713 OF 2008 (Arising out of S.L.P. (C) No.11158 of 2007)

Kunal Pankaj Kumar Shah     ...Appellant(s)

Versus

Justice R.J. Shah (Retd.)  Admission Committee and Ors.     ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

Leave granted.

By  the  impugned  order,  the  High  Court  dismissed  the  Letters  Patent

Appeal against the order passed by the learned Single Judge whereby Special Civil

Application filed by the appellant for issue of a direction to the respondents to admit

him  in  first  year  of  M.B.B.S.  course  in  Surat  Municipal  Institute  of  Medical

Education and Research, Umarwada, Surat, within the State of Gujarat, (Respondent

No.2 herein) against N.R.I. quota was dismissed.  

It is borne out from the record that while issuing notice of the Special Civil

Application, the learned Single Judge passed an order for provisional admission of

the appellant and during the pendency of Letters Patent Appeal, the Division Bench

ordered that the appellant be permitted to attend the classes.  This Court, at the time

of issuance of notice, on 9th July, 2007, permitted the appellant to appear in the first

year M.B.B.S. examination, which was scheduled to commence on 10th July, 2007, but

directed that his result should not be declared.

....2/-

- 2 -

It  has  been  stated  by  the  learned  counsel  appearing  on  behalf  of  the

appellant that, pursuant to the aforesaid order, the appellant appeared in the first

year M.B.B.S. examination and is prosecuting his further studies.  He further stated

that one vacancy in first year of the M.B.B.S. course has become available because

one  student  left  the  course.   This  has  not  been  denied  by  the  counsel  for  the

respondents.  In view of this and in the facts and circumstances of the case, we feel

that  it  would  be  just  and  expedient  to  direct  Respondent  No.2  to  regularise  the

appellant’s admission in N.R.I. quota.  The result of the appellant, as regards first

year M.B.B.S. examination, be published and he shall be permitted to prosecute his

further studies, provided he has passed the examination.

The civil appeal is, accordingly, disposed of.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 28, 2008.