Medical Council Of India vs. Subhalaxmi Dash

ITEM NO.601 COURT NO.11 SECTION XIA 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(s). 28037/2015 (Arising out of impugned final judgment and order dated 14/09/2015 in WPC No. 12224/2015 passed by the High Court Of Orissa At Cuttack) MEDICAL COUNCIL OF INDIA Petitioner(s) VERSUS SUBHALAXMI DASH & ORS. Respondent(s) (With appln.(s) for exemption from filing c/c of the impugned judgment and interim relief) Date : 30/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Vikas Singh, Sr. Adv. Mr. Gaurav Sharma,Adv. Mr. Prateek Bhatia, Adv. Mr. Kapish Seth, Adv. Mrs. Deepeika Kalia, Adv. For Respondent(s) Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, adv. Mr. Anuj Sarma, Adv. Mr. Gaurav Nair, Adv. For M/s. K. J. John & Co. Mr. Asim Amitabh, Adv. Mr. Sanjeeb Panigrahi, Adv. UPON hearing the counsel the Court made the following Signature Not Verified O R D E R Digitally signed by Vinod Kumar Date: 2015.10.01 Issue notice to respondent nos. 72, 73 and 79. 15:11:12 IST Reason: Learned counsel for the petitioner is permitted to 2 take out notice on the standing counsel on behalf of the State of Odisha and produce proof of the same within a week. Learned counsel for the petitioner is also permitted to serve notice by dasti on the above respondents.

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Mr. Asim Amitabh Dash, learned counsel accepts notice on behalf of respondent nos. 1 to 71, except respondent nos. 18 and 38.

Mr. Pratap Venugopal, learned counsel accepts notice on behalf of respondent nos. 18 and 38.

The operation of the impugned interim order dated 14.09.2015, insofar as the direction to the Medical Council of India in respect of M.K.C.G. Medical College, Berhampur and V.S.S. Medical College, Burla is stayed. The interim order passed in this petition would not come in the way of the High Court to re-examine the request of the writ petitioners-respondents, students to transfer them to the colleges which are recognized by the Medical Council of India and pass appropriate order in this regard for the Academic Session 2015-2016. The impugned order vis-a-vis Sardar Rajas Medical 3

College, stands modified accordingly.

We also make it very clear that the pendency of this matter shall not come in the way for the High Court to decide the case on merits.

List the matter after service of notice.

(VINOD KR.JHA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER