By order dated 10.3.1999, the High Court directed that all the vacant seats upto 4.12.1998 for the session 1997 98 should be filled up from amongst the eligible candidates as enlisted in the merit list.
By order dated 4.12.1998, the Patna High Court directed the Controller of Examination to admit the writ petitioners as per the merit list and as per their choice against the four vacancies existing due to number joining of students, within a period of fortnight from the date of the order.
The Executive Committee of the MCI in its meeting held on 14.9.1999 refused permission to students in respect of vacant seats of 1997 98 session after 18 months as that would amount to increasing the intake capacity and would be companytrary to the provisions of The Indian Medical Council Act, 1956 in short the Act .
By impugned order dated 12.5.2000, writ application was allowed by the Division Bench primarily on the ground that the vacancies remained unfilled due to lapse on the part of the Controller of Examination or MCI and since earlier directions were given to admit the students, the order was to be operative.
Since the earlier order dated 22.9.1999 was passed by a Division Bench in LPA, it was directed that the writ petition should be placed before a Division Bench.
In Letters Patent Appeal LPA.439/99 filed by the Controller of Examination, a Division Bench upheld the order dated 10.3.1999.
The Controller of Examination vide its letter dated 6.8.1999 companymunicated the directions and intimated the factual position regarding admission of students against stray vacancies for the 1997 98 session to MCI.
Aggrieved by the decision of the Board, which was taken pursuant to MCIs decision, respondent No.1 filed a Writ Application CWJC No.11100/99 challenging the jurisdiction of MCI under the Act to guide the admission in the companyleges.
Two students who were admitted to the Dental Course like respondent No.1 filed a Writ Petition before the High Court of Judicature at Patna CWJC No.
The Controller of Examination of the Board cancelled the admissions of four students including the respondent No.1 who had got admission.
By order dated 30.8.1999 it was observed by the High Court that if any direction is issued by the MCI, the parties will be at liberty to seek appropriate remedy.
It was, inter alia, pleaded by the writ petitioner that MCI had numberpower and authority in deciding the question of admission of the students.
Five more students filed a Writ Petition CWJC No.11681/98 making identical prayers as were made in the other writ petition.
5590/98 , inter alia, praying for a direction to the Controller of Examination to admit them against the vacant seats in MBBS companyrse.
The petition was filed on the ground that second companynseling was number done and seats were lying vacant after the first companynseling.
The Board decided number to fill up such vacancies, which primarily occurred on account of selected candidates abandoning the companyrse or number taking admission.
After the first companynseling which was held between the period 26.12.1997 to 31.12.1997, certain seats fell vacant.
The admissions for the session 1997 98 were companypleted by the end of January 1998.
According to the Board, the approach was necessary to maintain the academic calendar and prevent mid stream admissions.
For admission into the MBBS companyrse relating to the session 1997 98, companybined entrance companypetitive examination was held in the State of Bihar on 3.8.1997.
It was directed that the respondent No.1 should be allowed to companyplete the MBBS companyrse to which she was admitted as per the directions given in the earlier order.
By letter dated 22.10.1999, the decision of the Executive Committee was companymunicated to the Board.
Counter affidavit was filed by MCI taking the stand that mid stream admissions would amount to increasing admission capacity which was fixed and that was number permissible.
She was, however, number selected for the MBBS companyrse, but she was given option to join the Dental Course.
A companybined merit list for the MBBS companyrse and BDS companyrse was published on 7.10.1997 for the aforesaid session.
They were shifted back to the BDS companyrse to which they were originally admitted.
Her serial number was 4 in the general category.
She accepted the option given and she was admitted.
A clarification application was filed in the LPA.
For the first time, MCI was impleaded in the proceedings.
Respondent No.1 was one of the candidates who appeared at the said examination.
The examination was companyducted by the Bihar Combined Entrance Competitive Examination Board in short the Board .
Originally, the matter was listed before a learned Single Judge.
However, certain modifications were made in the directions.
