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Supreme Court of India 2018-11-28 allowed

Vinayak Varma (Dr.) vs Medical Counselling Committee & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Dr. Vinayak Varma sought admission to an MS (Surgery) course. Six new seats were created at Dr. RML Hospital, Delhi: three for All-India quota and three for State quota. Under the applicable Regulations, All-India quota seats vacant after 10th May 2018 must convert to State quota. However, the Medical Counselling Committee filled all three seats via All-India merit list on 18th May 2018, violating the Regulations. The High Court initially protected the appellant's rights through interim orders but ultimately refused relief citing an expired cut-off date. The Supreme Court held the Committee's action illegal and granted admission as an exception, finding the appellant entitled under the Regulations and applying the principle that court orders protecting rights cannot prejudice the beneficiary.

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