SUPREME COURT OF INDIA

Before:- G.T. Nanavati and S.P. Kurdukar, JJ.

Civil Appeals Nos. 2694-2700 of 1998 with Civil Appeal Nos. Nil of 1998 (arising out of S.L.P. (C) Nos. 900-906 with 16622-16625 of 1997). D/d. 12.5.1998.

Controller of Examinations - Appellant

Versus

Wasim Ashraf and others - Respondents

Constitution of India, Article 226 - Education - Admission to - Admission to Medical college for Post Graduate course - Revised merit list based on report of expert committee's - Direct to give admissions in view of said list.

[Para 2]

JUDGMENT

Leave granted.

2. Having heard learned counsel for the parties, we are of the opinion that ends of justice would be served if the following directions are given :-

(1) The candidates who are respondents herein and those who had approached the High Court on or before 23-10-1996 will be entitled to admission according to the revised merit list based on correct answers as found by the Division Bench of the High Court based on the expert committee's view provided they have secured more than the cut-off marks i.e. more than 179 marks for M.B.B.S. and 178 marks for B.D.S. for male candidates and more than 168 marks for M.B.B.S. and 167 marks for B.D.S. for female candidates in general category and more than the cut-off marks for respective reserved categories.

(2) Those candidates, if any, including respondents, who have been admitted under orders of the High Court but failed to secure the cut-off marks indicated in (1) above will not be entitled to continue in the course and their admissions will stand cancelled.

(3) Candidates who have secured more than the cut-off marks as aforesaid and have been admitted will continue with the course and the concerned authorities will obtain the sanction of the Indian Medical Council for creation of additional seats to the extent necessary.

(4) The State Government and the concerned medical colleges together shall apply to the Indian Medical Council to permit them to create additional seats required to accommodate the candidates in terms of the directions given by us. Those additional seats will be created during the academic year 1998-99. The State Government and the concerned medical colleges are directed to apply for sanction for additional seats within one month from today. We also direct the Indian Medical Council to consider the request of the State Government and the concerned medical colleges sympathetically and permit creation of required number of additional seats, within a period of one month from the date on which it receives the request.

3. The appeals are disposed of accordingly.

Order accordingly.