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State Of Gujarat vs Brijkishiore Garg on 23 September, 1999 cites

State Of Uttar Pradesh And Ors vs Dr. Anupam Gupta Etc on 13 February, 1992

In case of State of U.P. and others vs. Dr. Anupam Guta etc. AIR 1992 S.C. 932, the Supreme Court has held that direction by the High Court to admit the candidates in the midstream is bad in law. If the interpretation put by the learned Single Judge is upheld, it would mean that a student would be entitled to admission to medical course in the midstream causing lot of inconvenience to all. In our opinion, a student, who has not passed qualifying examination in the month of March/April of the current year or October/November of the preceding year, cannot be admitted to medical course next year in view of clear and mandatory provisions of rule 1 of the Rules. Therefore, the finding recorded by the learned Single Judge to the effect that mention about the month "March/April of the current year or October/November of the preceding year" cannot be applied with vigour and case of the daughter of the respondent for admission for the year 1995-96, is erroneous and liable to be set aside.
Supreme Court of India Cites 17 - Cited by 134 - K Ramaswamy - Full Document

Jayesh A. Joshipura vs State Of Gujarat And Ors. on 9 October, 1983

Again, having regard to exigencies, it is prescribed in rule 1 that a student seeking admission must pass qualifying examination in the month of March/April of the current year or October/November of the preceding year. The view that mention about the month "March/April of the current year or October/November of the preceding year" in rule 1 cannot be applied with rigour and the eligibility cannot be determined on strict calendrical basis when the students coming from different examining bodies are coming to compete for the purpose of pursuing the course, is simply erroneous and cannot be sustained at all. If a student has not passed qualifying examination either in the month of March/April of the current year or October/November of the preceding year, he is not entitled to seek admission in the relevant year to medical course in terms of rule 1 of the Rules. At this stage, it would be advantageous to refer to one decision of our High Court rendered in case of J.A. Joshipura v. State, 1984(2) GLR 761. Therein, the petitioner had passed Higher Secondary Examination taken by Gujarat Higher Secondary Education Board in July 1981 and made application for joining medical course. As admissions were closed at higher percentage of marks obtained by other candidates, the petitioner could not get admission in medical course. The petitioner again applied for admission in the year 1982, but admission was denied to him, as he had not passed qualifying examination in "March/April of current year or in October/November of the precedent year" as required by Rule 1. Thereupon petition under Article 226 of the Constitution was filed and validity of Rule 1 was challenged. While dismissing the petition, it is held as under :-
Gujarat High Court Cites 7 - Cited by 4 - S B Majmudar - Full Document
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