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CHRISTIAN MEDICAL COLLEGE VELLORE & ORS versus UNION OF INDIA AND ORS.

Citation: [2013] 5 S.C.R. 573 · Decided: 13-05-2013 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off

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Judgment (excerpt)

[2013] 5 S.C.R. 573 
CHRISTIAN MEDICAL COLLEGE VELLORE & ORS 
A 
v. 
UNION OF INDIA AND ORS. 
(T.C.(C) N0.98 OF 2012) 
MAY 13, 2013 
[ALTAMAS KABIR, CJI, ANIL R. DAVE AND 
VIKRAMAJIT SEN. JJ.] 
B 
Education - Admission - Medical Courses - Notification 
published on 27th December, 2010, being No. MCl-81(1)/ C 
2010-MED/49070 dated 21st December, 2010, issued by the 
Medical Council of India (MCI), notifying a National Eligibility 
Entrance Test (NEET) - Competence of the MCI to introduce-
such a test which denudes different medical colleges from 
having any control over their entrance examinations and 
D 
admissions on the basis thereof - On 13th December, 2012, 
Supreme Court posted the matters for final hearing on 15th, 
16th and 17th January, 2013, and allowed the respective 
entrance examinations, which had already been notified, to 
be held, while the hearing progressed but directed that results 
E 
of the examinations were not to be declared until further orders 
F 
of the Court- However, hearing could not be concluded within 
17th January, 2013 - Held: On account of the. delay in 
completion of the hearing and the prospect of the students 
losing a year on account thereof, students hoping to gain 
admission on the strength of the results of the examinations, 
which have already been held and for which they had 
appeared, should not be denied such opportunity, at least for 
this year - Without fresh entrants into the Post-Graduate 
courses, even for a year, the hospitals are likely to be 
adversely affected - Besides, the students have been caught 
G 
in the legal tangle for no fault of th!Jirs and are the victims of 
policy decisions - In order to safeguard their interests, as also 
the interest of the hospitals, the bar imposed on 13th 
573 
H 
.. 
.. -
574 
SUPREME COURT REPORTS 
[2013] 5 S.C.R. 
A December, 2012, for this year's entrance examinations is lifted 
and, to that extent, order of 13th December, 2012 modified -
Results of the examinations aiready conducted allowed to be 
declared to enable the students to take adva~tage of the 
same for the current year - Indian Medical Council Act, 1956 
B -s.3. 
c 
CIVIL ORIGINAL J_URlSDICTION : Transfer Case (Civil) No. 
98 of 2012 etc. 
Under Article 139 of the Constitution of India. 
WITI-1 
WITH T.C.(C) N0.99, 101, 100, 102, 103, 104, 105, 105, 108, 
110, 132-134, 117-118, 115-116, 125-127, 113-114, 128-130, 
D 121-122, 131, 123-124, 111, 120, 119, 135-137, 138-139, 142 
144 and 145 of 2012. 
T.C.(C) Nos. 1, 14-15, 76, 12-13, 4, 11, 21-22, 5, 60, 2, 8, 3, 
9, 17, 10, 7, 18, 75, 19, 20, 59,53,25, 23-24,58, 72, 16, 61, 
73, 62, 28-29, 30, 31-32, 33-36, 37-38, 39, 40, 41, 42, 43, 44, 
E 45, 46, 47, 48, 63-65, 66-69, 70-71 of 2013. 
W.P.(C) N0.480, 468, 467, 478, 481, 464, 495, 511, 512, 514, 
516, 519, 535, 544, 546, 547, 483, 501, 502, 504 and 507-of 
2012. 
F W.P.(C) Nos. 2, 1, 13, 15, 16, 20, 24, 26, 47, 66, 76, 74, 41 
and 228 of 2013 T.P. (C) Nos. 31 and 79 of 2013. 
Sidharth Luthra, ASG, L. Nageshwara Rao, A.K. Panda, 
Harish N. Salve, K. Parasaran, P. Vishwanatha Shetty, R. 
G Venkataramani, Anoop George, Chaudhuri, June Chaudhuri, 
Nidhesh Gupta, T.R. Andhiyarujina, Mukul Gupta, K.K. 
Venugopal, Madhu R. Naik, S. Gurukrishna Kumar, V. Giri, Ajit 
Kumar Sinha, K. Radhakrishna, Uday U. Lalit, Subramonium 
Prasad, Dr. Manish Singhvi, AAg, Allanki Ramesh, G. Madhavi, 
H Y. Rajesh Kumar, D. Geetha, Manju, C.S.N. Mohan Rao, 
CHRISTIAN MEDICAL COLLEGE VELLORE v. UNION 575 
OF INDIA 
Lingaraj Sarangi, Satyajit Bahera, Pravin H. Parekh, E.R. A 
Kumar, Aparajita Singh Gayatri Goswami, Geethi Ara, Chetna, 
R. Bobde, Ritika Sethi, Vishal Prasad (for Parekh & Co.), G.N. 
Reddy, Sanjay Misra, Sangita Chauhan, Rakesh K. Sharma, 
Senthil Jagadeesan, K.K. Mani, Neeraj Shekhar, Ashutosh 
Thakur, Sadique Mohd., Sanjay R. Hegde, S. Nithin, Amit B 
Kumar Mishra, G. Umapathy, Satish Parasaran, M.A. 
Venkatasubranian, R. Mekhale, Amit Kumar, Meenakshi Arora, 
A. Ramesh, Y. Rajesh Kumar, Manju Jana, Shilpi, Lokesh 
Kumar Sharma, B. Balaji, Dr. Sushil Balwada, Shashi Kiran 
Shetty, Sharan Thakur, S. Udaya Kumar Sagar, Bina c 
Madhavan, Pra.seena E. Joseph, Shivendra Singh (for 
Lawywer's Knit & Co.), R. Jagannath G., E.R. Sumathy, Naveen 
R. Nath, L.M. Bhat, Hetu Arora, Amrita Sharma, Darpan K.M., 
Rameshwar Prasad Goyal, Dharmendra Kumar Sinha, Jayanth 
Muth Raj, Malavika J.,Sureshan P., Radha Shyam Jena, Rajiv D 
Yadav, Amit Anand Tiwari, Ashwarya Sinha, Jayesh Gaurav, 
Ambhoj

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