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Supreme Court of India 2018-11-28 allowed

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

Bench: 2 — Bench of 2 judges

In Brief

Dr. Vinayak Varma sought admission to MS (Surgery) at a central medical institute in Delhi. Three newly created All India quota seats remained vacant after the statutory deadline of 10 May 2018. Under the Postgraduate Medical Education Regulations 2000, such vacant All India seats must convert to State quota seats. However, the authorities unlawfully filled these seats through All India merit counselling in violation of the Regulations. The High Court had protected the appellant's rights through interim orders but ultimately refused final relief based on the 31 May 2018 cut-off date, without addressing the fundamental illegality. The Supreme Court found the respondents' action violated binding Regulations and that applying the cut-off date would render the interim protection meaningless. Invoking the maxim that court acts shall prejudice no one, the Court allowed the appeal and directed the appellant's admission as an exception in these peculiar circumstances."

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