ARINDAM SINHA, J. - (1.)This writ petition has been listed under heading 'To Be Mentioned' pursuant to direction made in order dated 9th October, 2018. Parties have been heard. Mr. Sanyal, learned advocate appears on behalf of petitioner and on earlier occasion had submitted, his client wants admission to respondent college for pursuing MBBS degree course. On cut off date mop up counselling, his client though was told he would be allowed to pay admission fee and furnish security but had sought one day's time to secure, by bank guarantee, entire course fees. This, the college did not allow and he did not get admission. His client immediately made representation on 31st August, 2018, being cut off date, as well as thereafter on 13th September, 2018. His client wants admission against management quota seats going vacant for current academic year.
(2.)Mr. Ray, learned advocate appears on behalf of the college and, also on earlier occasion, had submitted, bond amount is Rs. 50,72,000/- against management quota seats, to be secured by bank guarantee. As on cut off date his client could not allot a seat to any candidate who did not secure this amount. Such allotment would mean blocking a seat against a candidate on assurance of furnishing security and, thereafter, if security was not furnished, the seat would go vacant. This is why petitioner's request could not be kept. However, fact is that there are vacant seats in the college and, if directed, his client will accept admission fee and the security to give admission to petitioner. On query of Court regarding progress of course study he had required instructions. Today, he hands up undated letter written by his client to his instructing learned advocate, content of which is reproduced below:-
"Sub-Regarding MBBS class

Sir,

This letter is to bring to your notice that the 1st MBBS classes commenced from 1st August, 2018 as per notice from the MCI. But since the subsequent rounds of MBBS counselling was going on till 31/08/2018 and also many of our students are outstation, the college was conducting orientation program for the students and the regular escalating classes will be starting full-fledged after the Durga Puja festival i.e. 25/10/2018."

(3.)Mr. Bhattacharya, learned advocate appears on behalf of Medical Council of India and opposes. He begins with relying on my judgment dated 26th June, 2018 in WP 7040 (W) of 2018 [Dr. Paban Mandal v. The West Bengal University of Health Sciences and Ors.] . He relies on following extract from judgment:-
"Petitioner's case does involve midstream admission. He, being eligible, registered himself for mop up counselling for on spot admission to be held on cut off date. It is clear he was in need of counselling, he knew exactly what course he wants to study for post graduate degree. There is no laches on his part to have done what he could. Omission is on the part of the authorities. A clear case of arbitrariness emerges and an attempt to cover it up. Petitioner rushing to Court on 31st May, 2018 instead of participating in mop up counselling for on spot admission resulted in the following order.

"List this matter before the Regular Bench."

At best the said order can be interpreted to be one which implies further hearing was necessary. There is neither mention in the order of lack urgency nor rejection of prayer for interim order. By no stretch of imagination this order can be attributed to laches or lack of diligence of petitioner himself."