Full Judgment Text
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PETITIONER:
MISS ANAMIKA BISHNOI
Vs.
RESPONDENT:
MS. MANJU CHAUDHRY AND OTHERS
DATE OF JUDGMENT: 23/01/1996
BENCH:
SEN, S.C. (J)
BENCH:
SEN, S.C. (J)
AHMADI A.M. (CJ)
PARIPOORNAN, K.S.(J)
CITATION:
1996 SCC (2) 144 JT 1996 (1) 668
1996 SCALE (1)593
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
SEN.J
Special leave granted.
The appellant, Anamika Bishnoi, was an applicant for
migration duration during the year 1993 to the Maharishi
Dayanand University, Rohtak. Even though her position was
No.2 in the order of merit, she was not granted admission
since the mark-sheet of the First Professional entrance
Examination was not annexed to her application. This mark-
sheet was submitted later on. a representation made by the
Maharishi Dayanand University, her case was referred to
Medical Council of India. The Medical of India, after, after
taking into consideration the fact that the appellant was
No.2 in the order of merit, directed the University to grant
migration to the appellant by adjusting her for the quota
for the year 1994. In compliance with the direction given by
the Medical Council of India, the Maharishi Dayanand
University allowed the appellant to join MBBS Course. It
appears that in the judgment under appeal dated 23rd
February, 1995. high Court has failed to take into
consideration the special aspect of the case of the
appellant. The admission of the appellant on migration
cannot be quashed at this stage, particularly when she has
been admitted on the strength of marks obtained at the
examination and on the recommendation of Medical Council of
India. It has been stated in her affidavit in rejoinder that
she is at present undergoing the Third Professional MBBS
corse in Maharishi Dayanand University. This is her final
year. She has already successfully completed the Second Year
MBBS course. The result of the examination of Second
Professional MBBS course held in May, 1995 has been declared
in July, 1995 and she has obtained high marks. at this
examination. She is now on the verge of completing the MBBS
course and it will not be fair to cancel her admission at
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this stage. No ground at all has been five for quashing her
admission to the MBBS course of the Maharishi Dayanand
University. In that view of the matter, it is directed that
Anamika Biahnoi should be allowed to pursue her studies in
the MBBS courses in the Maharishi Dayanand University.
The appeals are disposed of accordingly.