A petition was filed seeking regularisation of admission for an MBBS seat. The High Court directed the respondent medical college to regularise the petitioner's admission as the seat remained vacant and fees were deposited.
Director the college to regularise the petitioner's admission in the MBBS course.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
06.01.2021 adeb Sl. 91 Ct. 15
W.P.A. No. 20 of 2021
( Via Video Conference )
Srijan Maiti
Vs.
The State of West Bengal & Ors.
Mr. Subir Sanyal
..for the petitioner
Mr. Indranil Roy Mr. Sunit Kumar Roy
...for the National Medical Commission
Mr. Swapan Kr. Datta, Sr. Adv. Mr. Tapas Kr. Dey
..for the State
Mr. A. Santra
..For the Resp. No. 5 & 6. Mr. Supratic Roy Mr. D. N. Maiti .. For the WBUHS
Affidavit-of-service filed in Court today be kept on record.
Mr. Sanyal, learned Counsel appearing for the petitioner submits that the petitioner was allotted an MBBS seat by the counselling authority at Shri Ramkrishna Institute of Medical Sciences and Sanaka Hospital, (Sanaka Medical College), being the respondent no. 6, under the private management quota and the petitioner was supposed to get himself admitted within 22nd December, 2020 by depositing admission fees. The petitioner went to the college on 22nd December, 2020 along with all testimonials and admission fees in cash and as the college authorities refused to accept cash, the
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petitioner made e-payment through RTGS fund transfer on 31st December, 2020. The petitioner prays for a direction upon the college to regularise the admission.
Mr. Roy, learned Counsel appearing for the National Medical Commission submits that if the seat has not been allotted to any other candidate, then the petitioner can be entertained by the college by the regularising the admission.
Learned Counsel appearing for the Shri Ramkrishna Institute of Medical Sciences and Sanaka Hospital, (Sanaka Medical College) submits that as the seat has not been allotted by the college, the petitioner can be regularised for admission.
Heard all the parties.
As the seat has not been allotted to any other candidate and the amount has already been credited to the bank account of the college, it is requested that Shri Ramkrishna Institute of Medical Sciences and Sanaka Hospital, (Sanaka Medical College) to regularise the admission of the petitioner in the MBBS Course as early as possible.
The writ petition is disposed of, however, no order as to costs.
Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
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Urgent photostat certified copy of this order, if applied for, be given to the parties on the usual undertakings.
(Rajarshi Bharadwaj, J.)
2 issues framed by the court
Whether the petitioner is entitled to a direction for regularisation of admission when the seat remains unallotted and fees are paid.
Whether the college should regularize the petitioner's admission in the MBBS course.
Srijan Maiti
The State of West Bengal
National Medical Commission
Shri Ramkrishna Institute of Medical Sciences and Sanaka Hospital
West Bengal University of Health Sciences
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
