MISS BHAVNA TIWARI Vs. THE UNION OF INDIA
LAWS(ALL)-2018-1-25
HIGH COURT OF ALLAHABAD
Decided on January 19,2018

Miss Bhavna Tiwari Appellant
VERSUS
THE UNION OF INDIA Respondents

JUDGEMENT

TARUN AGARWALA,J. - (1.) Facts of both the writ petitions are common. For facility, the facts of writ petition No.28550 of 2017 is being taken into consideration. 1. In Dr. Pradeep Jain and others vs. Union of India and others ,1984 SCC(3)SC 654, the Supreme Court facing the vexed question of admissions in medical Colleges directed that admissions in medical colleges run by the Union of India or by the State Government or by any municipal or local authority for M.B.B.S. courses shall be granted on the basis of All India Entrance Examination. Since then, the Supreme Court, in a catena of cases, have been scrupulously directing that the time schedule for making admissions in medical colleges should be strictly adhered to.
(2.) In Medical Council of India vs. Madhu Singh and others , 2002(7) SCC 258, the Supreme Court held that no admission can be granted after the scheduled date. The Ministry of Health and Family Welfare, Government of India having regard to the decision of the Supreme Court in Madhu Singh's case (supra) laid down a schedule for completion of various stages of admission process, commencing of academic sessions and closure of admissions in the course of medicine and dentistry to be applicable to all medical and dental colleges in the country. The State Governments were also directed to strictly abide by the time frame for completion of each of the stages of admission process indicated in the time schedule. It was also indicated that no student should be admitted after the expiry of the last date prescribed for closure of admission.
(3.) The Supreme Court again reiterated strict adherence to the time schedule in Mridul Dhar (Minor) and another vs. Union of India and others , 2005 (2) SCC 65. Certain directions were issued by the Supreme Court in paragraph 35, some of which, which are relevant, are extricated hereunder: "4. It shall be the responsibility of all concernedincluding Chief Secretaries of each State/Union Territory and/or HealthSecretaries to ensure compliance with the directions of thisCourt and requisite timeschedule as laid down in theRegulations and non-compliance would make them liable forrequisite penal consequences. 12. The time schedule for grant of admission to postgraduatecourses shall also be adhered to. 15. Time schedule provided in the Regulations shall be strictlyadhered to by all concerned failing which the defaulting partywould be liable to be personally proceeded with." ;


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