Shenaz Fathima (Minor)& Ors. vs. Director, Directorate Of Medical Education& Ors.

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:20 Jan 2015
CNR:SCIN010010732015

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12 Jan 2015

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SLP(C) 35403/2014

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ITEM NO.2+20 COURT NO.6 SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.35403/2014

(Arising out of impugned final judgment and order dated 17/11/2014 in WP No. 28045/2014 passed by the High Court of Madras)

V. NAVEEN KUMAR & ORS. Petitioner(s)

VERSUS

THE DIRECTOR, DIRECTORATE OF MEDICAL Respondent(s) EDUCATION & ORS.

(With interim relief and office report)

WITH S.L.P.(C) No.750/2015 (With interim relief and office report) S.L.P.(C) No.842/2015 (With interim relief and office report) S.L.P.(C) No.851/2015 (With interim relief and office report) S.L.P.(C) No.900/2015 (With interim relief and office report) S.L.P.(C) No.1178/2015 (With interim relief and office report)

Date: 20/01/2015 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

For Petitioner(s)Mr. Aadity Vijay Kumar, Adv.<br>Mr. Parikshit, Adv.<br>Mr. Divyesh Pratap Singh, Adv.<br>Mr. Sudhansu Palo, AOR
For Respondent(s)Mr. Rakesh Dwivedi, Sr. Adv.<br>Mr. Subramonium Prasad, AAG<br>Mr. B. Balaji, AOR<br>Mr. R. Rakesh Sharma, Adv.<br>Mr. Rajiv Dalal, Adv.

For R-4 Mr. Sanjay R. Hegde, Adv.

Mr. S. Nithin, Adv. Mr. Anil Kr. Mishra – I, Adv.

For MCIMr. Gaurav Sharma, Adv.
Ms. Amandeep Kaur, Adv.
Mr. Prateek Bhatia, Adv.
For ImpleadingMr. P.R. Kovilan Poongkuntran, Adv.
RespondentMs. Geetha Kovilan, Adv.

UPON hearing the counsel the Court made the following O R D E R

S.L.P.(C) Nos.35403/2014, 750/2015, 842/2015, 900/2015 and 1178/2015

The application for impleadment stands rejected.

This Court on 13th January, 2015, had passed the following order:

"Learned counsel for the petitioner shall file an affidavit by day after tomorrow indicating in which colleges, the petitioners, are prosecuting their BDS course. When we say prosecuting, it is to be understood that they have taken admission and attending classes. Mere allotment to BDS course in a particular college, would not serve the purpose.

Mr. Rakesh Dwivedi, learned senior counsel, assisted by Mr. B. Balaji, learned counsel for the State of Tamil Nadu, shall verify the same and file a reply by 19.01.2015 positively.

List the matter on 20.01.2015."

Mr. Rakesh Dwivedi, learned senior counsel appearing for the State of Tamil Nadu, has submitted that he has instructions to state that all the nineteen petitioners in

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these five special leave petitions, are prosecuting their B.D.S. course.

In view of the aforesaid, it is directed that the petitioners, who are prosecuting BDS course, would be permitted to change the stream to MBBS course and be admitted to the Chennai Medical College Hospital & Research Centre, Trichy, Tamil Nadu. The formalities in this regard be completed within two weeks hence. Needless to emphasize, the present order is passed in special circumstances and special features of the case and in the presence of the Medical Council of India. We may hasten to clarify that the Chennai Medical College Hospital & Research Centre, shall not be responsible for having admitted the students from another college in its Institute in the MBBS course, for we have so directed regard being had to the obtaining factual matrix.

The special leave petitions are, accordingly, disposed of.

S.L.P.(C) No.851 of 2015

Mr. Aadity Vijay Kumar, learned counsel for the petitioner does not press this special leave petition. It is, accordingly, dismissed.

(Chetan Kumar) Court Master

(H.S. Parasher) Court Master

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