Miss Anamika
Bishnoi Vs. Ms. Manju Chaudhry & Ors [1996] INSC 118 (23 January 1996)
Sen,
S.C. (J) Sen, S.C. (J) Ahmadi A.M. (Cj) Paripoornan, K.S.(J) Sen.J
CITATION:
1996 SCC (2) 144 JT 1996 (1) 668 1996 SCALE (1)593
ACT:
HEAD NOTE:
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 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.
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