MADAN B.LOKUR,J. - (1.) The question for consideration in this writ petition filed under Article 32 of the Constitution concerns the validity of admission granted to the petitioner by respondent No.3 (C.M. Medical College & Hospital - for short the College) to the MBBS course. In our opinion, the admission granted by the College to the petitioner was unjustified and therefore his admission is set aside.
(2.) On 21st December, 2010 a gazette notification was issued by the Medical Council of India amending the "Regulations on Graduate Medical Education, 1997" to the effect, inter alia, that admissions to the MBBS course shall be based solely on marks obtained in the National Eligibility-cum-Entrance Test (for short NEET). This notification was challenged by, amongst others, Christian Medical College Vellore in a batch of petitions before this Court which came to be allowed. The decision of this Court is dated 18th July, 2013 and is reported as Christian Medical College, Vellore & Ors. v. Union of India & Ors.(2014) 2 SCC 305 The gazette notification dated 21 st December, 2010 was quashed. As a result, admission of a student to the MBBS course through NEET was no longer mandatory.
(3.) Subsequently, petitions were filed for a review of the decision rendered by this Court and these review petitions ultimately came to be referred to a Bench of five learned judges of this Court. By an order dated 11 th April, 2016 in Medical Council of India v. Christian Medical College, Vellore & Ors.(2016) 4 SCC 342 the review petitions were allowed and the decision rendered by this Court on 18 th July, 2013 was recalled and it was directed that all the matters be considered afresh.;