- (1.) B. S. Chauhan, J. This special appeal has been filed against the judgment and order of the learned Single Judge dated 27- 2-2004, by which the petition has been dismissed being infructuous.
(2.) LEARNED counsel for the petitioner-appellant has submitted that the petition had not become infructuous and the learned Single Judge has wrongly dismissed the same. Matter relates to the admission in Medical College where the course had started in July and admission cannot be given at such a belated stage. In Subodh Nautiyal v. State of U. P. , AIR 1991 SC 1131, the Hon'ble Apex Court held that in a technical course, it is not permissible to admit the students four months after the commencement of the course.
(3.) IN Medical Council of INdia v. Madhu Singh, (2007) 7 SCC 258, the Hon'ble Supreme Court reiterated the same view observing that it is not permissible for the Court to issue direction for fresh admission in mid-academic session in a technical course. Time schedule is to be fixed for duration of the course and the period during which admission can take place. IN this regard, as the Medical Council of INdia Regulations had to be enforced, the Court could not issue a direction in violation thereof. Similar view of has been reiterated in Dr. Pramod Kumar Joshi v. Medical Counsel of India, (1991) 2 SCC 179; State of U. P. v. Dr. Anupam Gupta, 1993 Supp (1) SCC 594. Their Lordships had given the reason that such admission would disturb the course and also work as a handicap to the candidates to achieve the excellence. It was observed that in such cases, the Court must take pragmatic view of the fact in such a matter and in order to maintain excellence in the courses which had commenced long ago and schedule is likely to be completed and students did not have opportunity of complete the full course, such direction should not be issued.;