MEDICAL COUNCIL OF INDIA v.

MANAS RANJAN BEHERA & ORS. (Civil Appeal No. 7134-35 of 2009)

OCTOBER 26, 2009 [K.G. Balakrishnan, CJI. and P. Sathasivam, J.]

[2009] 15 (Addl.) SCR 450

The following Order of the Court was delivered

ORDER

1. Leave granted.

2. The Medical Council of India has challenged the Order passed by the  

Division  Bench of  the  High Court  of  Orissa directing  the admission of  12  

students after the cut-off date of 30th September of the concerned year. It  

may be noticed in Mridul Dhar (Minor) and Anr. v. Union of India and others,  

reported in 2005 (2)  SCC 65,  this Court  directed that  all  the parties shall  

comply  with  the  directions  issued  by  this  Court  as  regards  admission  to  

students in the Medical and Dental colleges. In Direction-15 of paragraph 35  

of  the  Judgment,  we  has  also  indicated,  “Time  schedule  provided  in  the  

Regulations shall  be strictly  adhered to by all  concerned failing which the  

defaulting party would be liable to be personally proceeded with.”

In view of these directions, the High Court should not have passed the  

impugned Order.  However,  we have noticed  that  these 12 students  were  

eligible  and  because  of  unprecedented  situation,  they  could  not  secure  

admission within the prescribed time limit. We condone the delay in giving  

admission to them as a one time measure. However, we clarify that these  

time schedule prescribed by this Court should be followed strictly.

The appeals are disposed of accordingly.