LAW FOR ALL

Admissions to MBBS & BDS- NRI quota - clause 2 “2. Eligibility and Merit for NRI seats (03 Seats) for MBBS Course: - challanged - Single judge quashed the clause and further held that when the contesting Respondent did not challenge the eligibility criteria before submitting her application for the M.B.B.S. course, ultimately held that the contesting Respondent was not entitled to any relief for getting admission into M.B.B.S. course.- Division Bench held that when once the definition clause of NRI was found to be invalid by the learned Single Judge, the contesting Respondent ought to have been granted admission into M.B.B.S. course. - Apex court held that unless such claims of exceptional nature are brought before the Court within the time schedule fixed by this Court, Court or Board should not pass orders for granting admission into any particular course out of time. In this context, it will have to be stated that in whatever earlier decisions of this Court such out of time admissions were granted, the same cannot be quoted as a precedent in any other case, as such directions were issued after due consideration of the peculiar facts involved in those cases. Therefore, in such of those cases where the Court or Board is not in a position to grant the relief within the time schedule due to the fault attributable to the candidate concerned, like the case on hand, there should be no hesitation to deny the relief as was done by the learned Single Judge. If for any reason, such grant of relief is not possible within the time schedule, due to reasons attributable to other parties, and such reasons are found to be deliberate or mala fide the Court should only consider any other relief other than direction for admission, such as compensation, etc. Since the contesting Respondent pursued her B.D.S. course till this date though she has secured her admission pursuant to the direction of the Division Bench to M.B.B.S. course in the year 2014-15 and as we have found no justification for the direction issued by the Division Bench which we are setting aside, we direct the Chandigarh Administration and the Government Medical College to restore the contesting Respondent’s admission to the B.D.S. course of the academic year 2013-14 and allow her to pursue the said course, if she so chooses.The admission granted to the contesting Respondent in the M.B.B.S. course of 2014-15 under the NRI category stands cancelled and the selection of candidates who applied for the said course in the said category in the academic year 2014-15 shall be finalized by the Chandigarh Administration and the Government Medical College and on that basis proceed with the admission as per the schedule.= CIVIL APPEAL NOS. 8377-8378 OF 2014 (@ SLP (C) NOS.18137-18138 OF 2014) Chandigarh Administration & Another …Appellants VERSUS Jasmine Kaur & others …Respondents = 2014 Sep. Part - http://judis.nic.in/supremecourt/filename=41889