Sunil Ambwani, Actg. C.J. - (1.) D .B. Special Appeal(Writ) No. 798/2014, filed by the Mahatma Gandhi University of Medical Sciences and Technology, Jaipur (for short, 'the MG University'), is directed against the judgment dated 25.04.2014, passed by learned Single Judge in S.B. Civil Writ Petition No. 8117/2011 -Dr. Yogendra Singh Gurjar & Anr. v. State of Rajasthan & Ors., whereby the writ petition was allowed with directions to the Medical Council of India to take action in compliance of para No. 8.4 of the order of the Government of India, dated 14.05.2003, for those Post Graduate Medical admissions, which were granted in pursuance to the advertisement dated 27.05.2011 by the appellant -University declaring that the admissions given by the appellant -University and the Medical College, are in violation of the time schedule, fixed by the Hon'ble Supreme Court in Mridul Dhar(Minor) And Another v. Union of India And Others, : (2005) 2 SCC 65. Learned Single Judge directed the MG University to deposit the entire fees collected from these students with the Medical and Health Department, State of Rajasthan, within six weeks.
(2.) D .B. Special Appeal(Writ) No. 820/2014 is an intra -Court appeal, arising out of the same judgment of learned Single Judge dated 25.04.2014, by which he had allowed the S.B. Civil Writ Petition No. 8117/2011, filed by Dr. Yogendra Singh Gurjar and Dr. Richa Singh, the unsuccessful candidates seeking admission in MD/MS/MDS Courses in the MG University. They had appeared in MBBS Examination of the Rajasthan University of Health Sciences(RUHS) in the year 2008 and 2009, and had secured 85.66% and 83.33% marks respectively in the Pre -PG Entrance Examination, 2011, conducted by the RUHS vide Notification dated 30.12.2010, but failed to secure admissions in the desired subjects. D.B. Special Appeal(W) No. 797/2014, has been filed by Dr. Abhishek Saini & 11 others, the PG students in the MG University, against the same judgment dated 25.04.2014, by which their admissions to PG Course, dated 31.05.2011, were declared by learned Single Judge, to be against the time schedule and the procedure, prescribed by the Hon'ble Apex Court in Mridul Dhar(Minor) And Another v. Union of India And Others(supra), as well as in violation of clause 9 of the MCI Regulations, 2009, and the decision of the Government of India dated 14.05.2003, in pursuance to the judgment of the Apex Court in Medical Council of India v. Madhu Singh And Others, : (2002) 7 SCC 258. They have prayed to set aside the judgment of learned Single Judge, and to declare their result of the Final Year PG Course, which was directed by the Court to be kept in a sealed cover in pursuance to an interim order passed by this Court in the Special Appeal on 12.05.2014.
(3.) LEARNED Single Judge, by a judgment dated 25.04.2014,, held that the admissions given by the respondent Nos. 9 to 11 in pursuance to the advertisement dated 27.05.2011, were in violation of the Regulations of the MCI, and the time schedule and procedure provided by the Hon'ble Supreme Court in Mridul Dhar v. Union of India & Ors.(supra), and thus, the MG University was directed to deposit the entire fee collected from students with the Medical And Health Department, Government of Rajasthan, within six weeks from the date of judgment, to be used for advancement of studies in medical sciences. It was further held that the relief for admissions in PG Courses could not be given to the petitioners for the concerned year, but as directed by the Honb'le Supreme Court, they are required to be indemnified, and thus, the MG University through its Registrar and the Mahatma Gandhi Medical College and Hospital through its Principal and Registrar, being respondent Nos. 9 to 11, were directed to pay the cost of litigation to the petitioners, quantified at Rs. 10,000/ -. Learned Single Judge further directed the Medical Council of India to take action in compliance of para No. 8.4 of the order of the Government of India dated 14.05.2003, against the MG University for the admissions, which were granted in pursuance to the advertisement dated 27.05.2011, and to take up the matter against the respondent Nos. 9 to 11 for violation of the order of the Government of India, the Notification of the MCI and the judgment of the Hon'ble Apex Court, as per law, within three months, and the compliance report to be filed in the Court.;