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1 - 10 of 25 (0.47 seconds)Article 142 in Constitution of India [Constitution]
Section 4 in The Indian Medical Council Act, 1956 [Entire Act]
Regional Officer C.B.S.E vs Ku. Sheena Peethambaran And Ors on 1 September, 2003
But this is not what the appellants have asked for in this case before us.
Hence, the decisions of this Court in Regional Officer, CBSE v. Ku. Sheena
Peethambaran & Ors. (supra) and Visveswaraiah Technological University &
Anr. v. Krishnendu Halder & Ors. (supra) do not apply to the facts of this
case.
Visweswaraiah Technological Univ.& ... vs Krishnendu Halder & Ors on 18 February, 2011
13. He also cited the observations of this Court in Visveswaraiah
Technological University & Anr. v. Krishnendu Halder & Ors. [(2011) 4 SCC
606] that no student or college, in the teeth of the existing and prevalent
rules of the State and the University can say that such rules should be
ignored, whenever there are unfilled vacancies in colleges. He submitted
that if the College was not able to fill up the seats in the MBBS course
for the academic year 2008-2009 for the reason that the second and last
counselling of students selected on the basis of RPMT-2008 was over, the
seats should have been kept vacant and could not have been filled up in
violation of the MCI Regulations.
A.P. Christians Medical Educational ... vs Government Of Andhra Pradesh & Anr on 24 April, 1986
Hence, the decision of this
Court in A.P. Christians Medical Educational Society v. Government of
Andhra Pradesh & Anr. (supra) also does not apply to the facts of this
case.
Deepa Thomas & Ors vs Medical Council Of India & Ors on 25 January, 2012
Similarly, in Deepa Thomas & Ors. v. Medical
Council of India & Ors. (supra) this Court held that since irregular
admissions were made by the colleges in violation of the MCI Regulations
due to mistake or omission in the Prospectus issued by colleges, the
students who have been admitted should be allowed to continue the MBBS
course and passed orders accordingly in exercise of power under Article 142
of the Constitution. We are, thus, of the view that the 117 students, who
have been admitted in the MBBS course by the College for the academic year
2008 in violation of clause (2) of Regulation 5 of the MCI Regulations,
should not be disturbed.
Chowdhury Navin Hemabhai & Ors vs State Of Gujarat & Ors on 18 February, 2011
In Chowdhury Navin Hemabhai & Ors. v. State of Gujarat & Ors. (supra),
this Court has held that where the admissions of the students took place
due to the fault of rule-making authority in not making the State Rules,
2008 in conformity of the MCI Regulations, the students if discharged from
the MBBS course, will suffer grave injustice and this Court should
therefore exercise its power under Article 142 of the Constitution to do
complete justice between the parties and allow the students to continue to
study the MBBS course.
Priya Gupta vs State Of Chhattisgarh & Ors on 8 May, 2012
13. Before we part with this case, we would like to reiterate what we
have held in paragraphs 30 and 31 of our judgment in the case of Priya
Gupta v. State of Chhattisgarh & Ors. [2012 (5) SCALE 328 = JT 2012 (5) SC
102]: