(Indira Banerjee and Ajay Rastogi, JJ.)
Md. Nazir Hossain and Others _____________________ Petitioner(s);
v.
Madhumita Basu and Others ______________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 13584/2019, decided on June 10, 2019
IA No. 87617/2019 – Exemption From Filing C/c of the Impugned Judgment)
Petition(s) for Special Leave to Appeal (C) No(s). 13584/2019; MAT No. 716/2019; and IA No. 87617/2019
The Order of the court was delivered by
Order
1. We are informed that the writ petition is fixed for hearing before the High Court tomorrow at 2 p.m. We are, therefore, not inclined to interfere in the matter at this stage. Counsel appearing on behalf of the petitioners as also counsel appearing for the Medical Council of India (MCI) argued that admissions to medical courses are required to be made as per the rules of MCI which do not permit reservation for in-service conditions for the post-graduate courses. It will be open to all the parties to urge all questions before the High Court including the question of whether the State has made reservation for in-service candidates and if so, the sustainability in law of such reservation. It will be open to the in-service candidates to intervene and make submissions in the High Court. However, no adjournment shall be granted at their instance. Since there is no stay of counselling, we do not deem it necessary to fix a time schedule for the High Court to decide the matter. We only request the High Court to hear the matter from day to day without granting adjournments and to decide the case as expeditiously as possible.
2. The special leave petition is dismissed accordingly.
3. Pending application(s), if any, stands disposed of.
———
