GOVIND MATHUR, R.S.CHAUHAN - (1.) ON being successful in Pre Medical Test-2010, the petitioner-respondent No.1 was allotted for admission to Gitanjali Medical College and Hospital, Udaipur to have the qualification of MBBS. He was required to deposit requisite fee on or before 15.9.2010. Looking to poor family conditions the petitioner-respondent No.1 failed to do so. Ultimately he sold his parental agricultural land on 31.8.2010 and made efforts to get the admission fee deposited. Be that as it may, he failed to deposit the same before the last date, consequent thereto his admission was cancelled. The petitioner-respondent No.1 then preferred a petition for writ and that came to be accepted with a direction to the respondent-appellant to grant admission to him in current educational session forthwith. A direction was also given to the petitioner-respondent No.1 to deposit the fee required. To question correctness of the directions given by learned Single Judge vide the judgment dated 18.7.2012, this special appeal is preferred.
(2.) THE only submission of counsel for the appellant is that the admissions in medical institutions are required to be settled as per the schedule prescribed by Hon'ble the Supreme Court in the case of Mridul Dhar (Minor) & Anr. v. Union of India & Ors. [(2005) 2 SCC 65]. In the event of execution of a direction given by learned Single Judge the schedule prescribed shall be violated. We do not find any merit in the argument advanced. Learned Single Judge while exercising equitable jurisdiction vested with him under Article 226 of the Constitution of India, looking to the peculiar facts and circumstances of the case, directed the respondent-appellant to admit the petitioner-respondent No.1 in the course of MBBS. It is not in dispute that the petitioner-respondent No.1 was selected for admission in the MBBS course and he failed to deposit the requisite fee only due to hostile economic conditions. In our latter's patent jurisdiction we do not find any just reason to interfere with the order passed by learned Single Judge. The special appeal is dismissed accordingly.;