Kunal Pankaj Kumar
Shah Vs. Justice R. J. Shah (Retd) Admn.Commit. & Ors [2008] INSC 1235 (28
July 2008)
Judgment
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.
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