Medical Council Of India vs Madhu Singh And Ors on 11 September, 2002
30. All these clauses are in accordance with the regulations
framed by the Medical Council of India or the notifications issued by
the concerned State Government. Relaxation of the Rule of Merit for
reason of non-appearance is not permissible. In the present case,
there is no dispute that the appellant was present at the place and on
the date of the second counseling but the dispute relates to her absence
at the particular time when her name was called out for the purpose of
counseling. As far as this issue is concerned, we have already
expressed the opinion that there is no substance in the defence taken by
the respondents and the appellant should be entitled to the relief
prayed for. However, the question that immediately follows is whether
any mid-term admission can be granted after 30th September of the
concerned academic year, that being the last date for admissions. The
respondents before us have argued with some vehemence that it will
amount to a mid-term admission which is impermissible, will result in
indiscipline and will cause prejudice to other candidates. Reliance has
been placed upon the judgments of this Court in Medical Council of India
v. Madhu Singh and Others [(2002) 7 SCC 258], Ms. Neelu Arora and
Another v. Union of India and Others [(2003) 3 SCC 366], Aman Deep
Jaswal v. State of Punjab and Others [(2006) 9 SCC 597], Medical Council
of India v. Naina Verma and Others [(2005) 12 SCC 626], Mridul Dhar and
Another v Union of India and Others [(2005) 2 SCC 65], Medical Council
of India v Madhu Singh and Others [(2002) 7 SCC 258].