JYOTIRMAY BHATTACHARYA, J. - (1.) THIS mandamus appeal is directed against the judgment and/or order passed by the Learned Single Judge of this Court on 25th September, 2013 in W.P No. 30114 (W) 2013 by which the writ petition filed by the appellants/petitioners was disposed of without allowing their prayer for admission in MBBS Course ­2013 at this stage, however, with the observation, that in the event the admission process lingers on further for any reason, then the petitioners would be permitted to fill in the form and participate in such process of admission in future as per the applicable regulations.
(2.) WHILE disposing of the said writ petition, His Lordship did not think it necessary to examine the validity of the Notification dated 25th August, 2013 whereby fresh submission of registration fees through e - challan was permitted. Accordingly, the legality and the validity of the said notification was not considered by His Lordship while disposing of the writ petition. The petitioners thus, felt aggrieved. Hence they preferred the instant Mandamus Appeal. After filing the said appeal, they filed an application for stay, praying for stay of the operation of the order impugned in this appeal and also sought for direction upon the concerned authority for admitting the appellants/petitioners in MBBS Course -2013. The relief which the appellants claimed for stay is redundant as the petitioners will not be benefited in any way, if the impugned order is stayed. That apart the other interim relief which the appellants/petitioners have claimed in the said stay application seeking direction upon the concerned authority for admitting them in MBBS Course ­ 2013 cannot be allowed at this stage keeping the appeal pending. Accordingly, we felt the necessity of deciding the appeal itself on merit on the request of the Learned Advocate of the parties.
(3.) LET us now consider the merit of this appeal in the facts of the instant case. The appellants/petitioners appeared in National Eligibility -cum -Entrance Test at the undergraduate level for MBBS and BDS Course ­2013. Both of them who were rank holders submitted e -challan for their registration in UG Counseling process within 8th July, 2013 as per the notification issued by the Director of Medical Education and Ex -Officio Secretary to the Government of West Bengal on 27th June, 2013. Admittedly, both the appellants/petitioners appeared in the first round of counseling but became unsuccessful having regard to their position in the merit list. Since all the seats could not be filled up by the successful candidates in the first round of counseling, second round counseling was held with the wait - listed candidates. Admittedly, both the appellants/petitioners participated in the second round of counseling but were not successful. The appellants/petitioners have no grievance against the concerned authority for not selecting them for admission up to the second round of counseling. Problems started when the West Bengal Medical Counseling Committee published a notification on 21st August, 2013 inviting the candidates who did not submit their registration fees within the cut -off date i.e., 18th July, 2013, to submit registration fees though e -challan from 23rd August, 2013, 2 p.m to 2nd September, 2013, 2 p.m. Thus, by virtue of the said notice, another opportunity was given to the candidates who did not submit their registration fees earlier within the cut -off date to submit registration fees through e -challan within the extended period and thereby permitting them to compete with the other wait -listed candidates who submitted their registration fees within the cut -off date i.e., 8th July, 2013. The appellants/petitioners now complain that had this opportunity not been given to the defaulting candidates to submit registration fees through e -Challan within the extended period and the third round of counseling would have been restricted to the wait -listed candidates only, who registered themselves within the cut -off date i.e., 8th July, 2013, then the appellants/petitioners could have been selected for admission in MBBS Course - 2013. They thus, complained that by permitting the defaulting candidates to submit registration fees within the extended period, the concerned authority acted illegally and also defied the mandatory direction given by the Hon'ble Supreme Court in the case of Asha ­Vs - Pt. B.D Sharma University of Health Science and Campus reported in 2012 (7) SCC 389 wherein it was held that the time schedule framed by the Medical Council of India at various stages of the selection process for admission in MBBS Course should be strictly adhered to by the concerned authority and in no circumstances violation of such time schedule will be permitted.;