Writ petition for admission in a private MBBS course was dismissed as filed after the Supreme Court-mandated deadline, with admissions for the relevant and subsequent sessions already completed.
Writ petition dismissed due to delay and exhaustion of admissions for the relevant academic session.
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2 20-06-2022 AKG Ct. 21
WPA 3049 of 2021
Ambarish Majumdar Versus The State of West Bengal & Ors.
Md. Salauddin, Md. Ahsanuzzaman, Md. Raziuddin …For the Petitioner
Mr. Indranil Roy, Mr. Sunit Kumar Roy …For the National Medical Commission
Mr. Arka Kr. Nag …For the State
Leave is granted to the petitioner of National Medical Commission to add respondent as a party in this writ petition.
The petitioner prays for admission in any private Medical College in MBBS Course. He says that his name figured in the merit list for the Under Graduate Academic Session 2020-2021.
The last date for admission in the medical college in Under Graduate Course has been fixed by the judgment delivered in 2016 (11) SCC 225 (Ashish Ranjan Vs. Union of India) as 31st August of that particular academic year.
By a subsequent order passed on an interlocutory application, being Miscellaneous Application No. 240/2021, the Hon’ble Supreme Court extended the time limit for the Academic Session 2020-2021 till February 15, 2021.
The petitioner admittedly, seeks admission beyond
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the last date fixed by the Hon’ble Supreme Court. It has been jointly submitted by the learned advocates appearing for the State as well as the National Medical Commission, that all admissions for that academic session have been completed and present. The admission for the academic session in 2022-2023 is going on. At this moment, there is no scope to accommodate the writ petitioner.
In that view of the matter, this writ petition is not entertained and accordingly, WPA 3049 of 2021 is dismissed.
Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.
(Kausik Chanda, J.)
1 issue framed by the court
Whether a petition seeking admission in a private medical college beyond the deadline fixed by the Supreme Court should be entertained.
Colour shows how this judgement treated each authority
Ashish Ranjan Vs. Union of IndiaReferred¶9
(2016) 11 SCC 225, Ashish Ranjan Vs. Union of India · Who else cites this
Miscellaneous Application No. 240/2021Referred¶10
Ambarish Majumdar
The State of West Bengal
National Medical Commission
Kausik Chanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
