Supreme Court - Daily Orders
Pallavi vs Union Of India on 1 September, 2023
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5512 OF 2023
AKKINENI MOHAN PRASAD …APPELLANT(S)
VERSUS
ALL INDIA INSTITUTE OF MEDICAL
SCIENCES …RESPONDENT(S)
ORDER
The matter was heard with consent of parties. On 29.08.2023, the Court made the following order:
“Special Leave Petition (Civil) No. 16079/2023:-
1. Leave granted.
2. Application seeking exemption from filing certified copy of the impugned order is allowed.
3. In this case, the appellant is aggrieved by the imposition of condition as a consequence of a Notification dated 04-03-2021 approached the High Court. He had applied and was allotted a Super Specialty Medical Seat in D.M. Cardiology, Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram, Kerala (“SCTIMST, Trivandrum”). The admission entailed, as a condition precedent – his furnishing a bond, which he, did on 03-07-
2023. Clause (5) of that bond stipulated that he could not resign his position without completing the course and in the event of default, he had to pay Rs.50,00,000/- if he decided to leave the course after closure of admission, i.e., on 01-09-2023.
Signature Not Verified Digitally signed byNEETA SAPRA 4. In these circumstances, since the Court has reserved Judgment and Date: 2023.09.01 16:59:09 IST Reason: scheduled pronouncement the same in Writ Petition (Civil) No.642/2023 today, the date mentioned, i.e. (01-09-2023), in clause (5) of the bond dated 03-07-2023, in the facts of this case shall be 1 applicable to the petitioner with effect from 05-09-2023. In other words, the Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram, Kerala Institute shall not invoke clause (5) of the bond, if the occasion so arises, till 05-09-2023.
5. The appellant is directed to inform the said Institute of this Order.
6. List the matter on 01-09-2023 for pronouncement of Judgment.” The Court has allowed the writ petition (C) 642/2023 by a judgment pronounced today. In the light of this, all the declarations of law in that case, the appellant should also to be given the same extended parity and treatment, except to the extent that the option of admission is restricted in point of time to 05.09.2023. In other words, the appellant shall be treated as an OCI Card holder in regard to all counselling rounds to be held up to midnight of 04.09.2023. In case, he is allocated any seat, in line with the judgment in W.P.(C) 642/2023, he shall exercise his choice and Sree Chitra Thirumal Institute for Medical Sciences and Technology, Thiruvananthapuram shall not invoke Clause (5) of the bond till 05.09.2023.
The appeal is allowed to such extent.
.................................................J. [S. RAVINDRA BHAT] .................................................J. [ARAVIND KUMAR] NEW DELHI;
SEPTEMBER 01, 2023.
2 ITEM NO.1501 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(Civil) No. 642/2023
PALLAVI Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
([ HEARD BY : HON. S. RAVINDRA BHAT and HON. ARAVIND KUMAR, JJ. ]...........
IA No. 119388/2023 - EX-PARTE STAY IA No. 124656/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) WITH C.A. No. 5512/2023 (XIV-A) (IA No.143416/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 01-09-2023 These matters were called on for pronouncement of judgment and for orders today.
For Petitioner(s) Mr. Shivendra Singh, AOR Mr. Bikram Dwivedi, Adv.
Mr. Raghav Gupta, Adv.
Mr. Puneett Singhal, Adv.
Mr. Vikhyat Oberoi, Adv.
Dr. Mukut Nath Verma, Adv.
Mr. Vinay Navare, Sr. Adv.
Mr. Gaurav Agrawal, Adv.
Mr. Gharote Anurag A, AOR Ms. Aishwarya Bhati, Ld. ASG Ms. Ameyavikrama Thanvi, Adv.
Mr. Bhuvan Kapoor, Adv.
Ms. Praveena Gautam, Adv.
Ms. Ruchi Kohli, Adv.
Mr. Aman Sharma, Adv.
Ms. Shagun Thakur, Adv.
For Respondent(s) Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv.
Ms. Archana Kumari, Adv.
Mr. Rahul Pandey, Adv.
Mr. Gaurav Sharma, AOR Mr. Dhawal Mohan, Adv.
Mr. Prateek Bhatia, Adv.
Mr. Paranjay Tripathi, Adv.
3UPON hearing the counsel the Court made the following O R D E R Writ Petition (Civil) No. 642 of 2023 Hon’ble Mr. Justice S. Ravindra Bhat pronounced the reportable judgment of the Bench comprising His Lordship and Hon’ble Mr. Justice Aravind Kumar. The operative portion of the reportable judgment reads as follows:
“although the OCI Card relied upon by the petitioner on 04.08.2022, the fact that she was in fact issued the OCI registration card first, on 02.11.2015. In such circumstances, the petitioner’s eligibility to claim the benefit of OCI card holder in terms of the ruling in Anushka (supra) is undeniable. The rejection of her candidature at this stage, i.e. on 19.06.2023 is not supportable in law. She is consequently directed to be considered in remaining counselling rounds by the AIIMS and all participating institutions for PG Medical seats. It is clarified that the consideration would be regarding seats that are unfilled on the date of this judgment whether reserved for SC/ST/OBC or other categories and such as specially earmarked for Bhutanese candidates etc. if they can be filled by other candidates, like her. Furthermore, this facility should be open to the petitioner as well as other candidates based upon the available records of those issued OCI cards prior to 04.03.2021 and who can participate in such counseling having regard to their performance in the NEET test, and their ranking.” The petition is allowed in terms of signed reportable judgment.
All pending applications are disposed of.4 C.A. No. 5512/2023
The appeal is allowed in terms of signed order.
All pending applications are disposed of.
(NEETA SAPRA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)
(Signed reportable judgment in W.P.(C) No. 642 of 2023 and signed order in C.A. No. 5512 of 2023 is placed on the file) 5