JUDGMENT A.S. NAIDU, J. — The Medical Council of India has filed this Review Petition with a prayer to review the order dated 4.3.2008 passed by this Court in WP(C) No.2668 of 2008. 2. Before delving into the grounds taken in the review petition, it would be just and proper to have a bird’s eye view at the facts of the present case. The dispute in the aforesaid Writ Petition was regard to resistance by the VSS Medical College, Burla in permitting Ms. Sonali Singh, the Writ Petitioner, from attending classes in the MBBS course. The Writ Petitioner after passing +2 Science Exami¬nation had appeared in the Joint Entrance Examination, 2007 (Orissa) for taking admission in Medical Stream. She was selected and was called to attend counselling. During counselling when her turn came all the seats in MBBS course having been filled up, she was offered a seat in BDS course at the SCB Medical College, Cuttack. Having no other way out, the Writ Petitioner who belonged to ST category accepted the offer and took admission in BDS course after depositing the required fees. It is needless to say that the petitioner had deposited a sum of Rs.16,000.00 with JEE in course of counselling. While matter stood thus, one Geetanjali Majhi who also belonged to ST category filed WP(C) No.10548/07 inter alia challenging admission of one Yagna Prakash Bhoi in MBBS course mainly on the ground that Sri Bhoi had procured a forged caste certificate on the basis of which he had taken admission. The Writ Petition was disposed of by order dated 12.9.2007 with direction to the Chairman, JEE, 2007 to enquire into the matter and take a decision within three months. 3. While matter stood thus, the Tahasildar, Balangir by order dated 4.12.2007 cancelled the caste certificate issued in favour of Sri Bhoi. Thereafter the Chairman, JEE, 2007 on 10th December 2007 intimated the Commissioner-cum-Secretary to Govern¬ment of Orissa, Industries Department about cancellation of admission of Sri Bhoi and further stated that since centralized counselling had already been over, it was not possible to take up any further admission. 4. It is submitted that the Orissa Private Medical and General Colleges’ Association had moved the Supreme Court in Civil Appeal No.2871 of 2007. 4. It is submitted that the Orissa Private Medical and General Colleges’ Association had moved the Supreme Court in Civil Appeal No.2871 of 2007. The Supreme Court on an Interim Application arising out of the said Civil Appeal directed the JEE, Orissa to fill up the vacant seats within ten days from the date of the order, i.e., 12.11.2007. 5. It was alleged that on 14th December, 2007 the Govern¬ment of Orissa in the Industrial Department had intimated the Chairman, JEE to allow the candidates who had ranked between 50 to 54 in the merit list to exercise their option to fill up the consequent vacancy caused due to cancellation of admission of Jagna Prakash Bhoi as the last candidate taking admission in MBBS course had ranked 49 in the merit list. 6. In consonance with the said direction of the Government of Orissa, it is submitted, on 14th December, 2007 the Chairman, JEE, 2007 issued letter to the Principal, VSS Medical College, Burla for cancellation of admission of Sri Bhoi and on the same date also issued letters to candidates securing ranks from 50 to 54 to participate in counselling scheduled to be held on 19th December, 2007 to fill up the vacant seat in MBBS course. The counselling was held on 19th December, 2007. The Writ Petitioner whose rank was 50 in the merit list and was also a ST candidate was allotted the vacant seat in MBBS course at the VSS Medical College, Burla and her admission in BDS course at the SCB Medical College, Cuttack was cancelled and the said seat was allotted to one Susanta Murmu (ST) who had secured 53 rank in the JEE Merit List on the very same day and the fact was intimated to the Prin¬cipals of VSS Medical College, Burla and SCB Medical College, Cuttack. 7. Pursuant to the selection and direction issued by the JEE, 2007, the Writ Petitioner reported before the Principal, VSS Medical College, but she was not permitted to take admission pending clarification from the JEE, 2007. The Writ Petitioner thereafter made a representation before the JEE, 2007 and the State Government praying to save her academic career and from humiliation as she had already left the BDS course which was prosecuting at the SCB Medical College, Cuttack. The Writ Petitioner thereafter made a representation before the JEE, 2007 and the State Government praying to save her academic career and from humiliation as she had already left the BDS course which was prosecuting at the SCB Medical College, Cuttack. On 6th February, 2008 Government of Orissa in the Health and Family Welfare De¬partment directed the Principal, VSS Medical College, Burla to admit the Writ Petitioner in MBBS course for the academic session 2007-2008 against the vacant seat as per decision of the Supreme Court in the aforesaid Civil Appeal. 8. After receiving direction of the Government of Orissa issued on 6th February, 2008 as aforesaid, the Principal of VSS Medical College, Burla called upon the Writ Petitioner to deposit a sum of Rs. 11,905.00 and take admission in the MBBS course. She complied with the said direction and took admission. Thereafter she applied to the Principal for permitting her to stay in hostel of the said college and to attend the classes. The Principal, however, neither permitted her to stay in hostel nor did allow her to attend the classes mainly on the ground that her admission was only provisional, subject to certain clarification sought from Government of Orissa, Health and Family Welfare Department. Having no other way out, the Writ Petitioner had approached this Court. 9. After hearing learned counsel for the Writ Petitioner, learned counsel for the JEE, 2007 and the learned counsel for the State and on being satisfied that for no fault of the Writ Peti¬tioner who was a young ST candidate and was being made to run from pillar to post, this Court directed the Principal, VSS Medi¬cal College, Burla to permit the petitioner to attend the classes in MBBS course. The present Review Petition has been filed by the Medical Council of India for review of the said order mainly on the ground that the cut-off date for taking admission into MBBS course as fixed by the Medical Council of India being 30th of September, 2007, admission of the petitioner in MBBS course in the month of March, 2008 was not permissible. 10. According to Mr. Mohanty, learned counsel appearing for the Medical Council of India, adherence to the prescribed time schedule for admission and commencement of courses in the field of medicine is very significant. 10. According to Mr. Mohanty, learned counsel appearing for the Medical Council of India, adherence to the prescribed time schedule for admission and commencement of courses in the field of medicine is very significant. Therefore, it is always necessary for a medical student to undergo complete teaching and training for the prescribed duration and under no circumstances the time-schedule can be altered. In support of his submission Mr. Mohanty relied upon a decision of the Supreme Court in the case of MCI v. Madhu Singh and others, reported in (2002) 7 SCC 258 . In the said decision the Supreme Court held that if any student is admitted after commencement of the course, it would be against the intended object of fixing the time-schedule. Mid¬stream admission in order to avoid loss of exchequer would be against the spirit of the statutes. The submission that extra classes can be taken to make up the time lost was also negatived by the Supreme Court. In paragraph-23 of the decision the Supreme Court observed/directed inter alia as follows :- “(i) There is no scope for admitting students midstream as that would be against the very spirit of statutes governing medical education; (ii) even if seats are unfilled that cannot be a ground for making mid-session admissions; (iii) there cannot be telescoping or unfilled seats of one year with permitted seats of subsequent year; (iv) MCI shall ensure that the examining bodies fix a time sched¬ule specifying the duration of this course, the date of commence¬ment of the course and the last date for admission;” 11. Mr. Mohanty further submitted that the cut-off date for taking admission in MBBS course being 30th September and as more than five months have passed in the meanwhile, the Writ Petition¬er cannot be permitted to attend her classes in mid-stream and as such the order passed by this Court may be reviewed. 12. Mr. Sarangi, learned counsel appearing for the Writ Petitioner-opposite party, on the other hand, submitted that the Writ Petitioner hails from S.T. community. With high hope and ambition after passing +2 Science Examination securing good marks she had appeared in the JEE, 2007. She ranked fairly higher and was called for counselling, but unfortunately no seat in MBBS stream was available for her. With high hope and ambition after passing +2 Science Examination securing good marks she had appeared in the JEE, 2007. She ranked fairly higher and was called for counselling, but unfortunately no seat in MBBS stream was available for her. Having no other way out she opted for BDS course, deposited huge money with the Council besides depositing the required admission fees at the SCB Medical Col¬lege, Cuttack and took admission in BDS course. While she was prosecuting her study in BDS course sincerely, she was called once again to attend counselling for admission in MBBS stream. With high hope that her dream might be fulfilled she attended the fresh counselling and a seat in MBBS stream was allotted to her. The Principal, SCB Medical College, Cuttack was directed to relieve her from BDS stream and the Principal of VSS Medical College, Burla was also directed to admit her in MBBS stream. She left the BDS course which she was prosecuting and went to VSS Medical College for taking admission in MBBS course. Though she was initially not permitted to take admission in that College as the seat which fell vacant was allotted to some other candidate, at the intervention of the State Government she was provisionally admitted, but was not permitted to attend the classes. Thus no fault or lapse can be attributed to the Writ Petitioner. Learned counsel for the Writ Petitioner strenuously urged that due to inaction of the JEE and the State Government the Writ Petitioner was going to lose one year of her valuable career, both academic and professional. She had deposited huge money with JEE, 2007 at the time of counselling at the SCB Medical College for taking admission in BDS course and again had to deposit further sum at the VSS Medical College, Burla for taking admission in MBBS course. In the mid-session she was duped and was under the mercy of the authorities. Mr. Sarangi strenuously submitted that the order of this Court being very much justified the same does not call for any sort of modification. 13. Mr. R.K. Das, learned counsel appearing for the JEE, on the other hand, submitted that JEE all through acted in accord¬ance with law. Mr. Sarangi strenuously submitted that the order of this Court being very much justified the same does not call for any sort of modification. 13. Mr. R.K. Das, learned counsel appearing for the JEE, on the other hand, submitted that JEE all through acted in accord¬ance with law. Being conscious of the fact that no admission could be made after 30th September, the JEE sought clarification from the Commissioner-cum-Secretary to Government of Orissa, Industries Department by letter dated 10 December, 2007. The State Government by letter dated 14th December, 2007 directed JEE to allow the candidates ranking from 50 to 54 in the Merit List to exercise their option to take admission in MBBS course against the vacancy caused due to cancellation of admission of Sri Bhoi at the VSS Medical College. The Writ Petitioner attended the fresh counselling and being selected, necessary direction was issued to the Principals of the respective Colleges. Consequent upon her selection, she was directed to take admission at the VSS Medical College, Burla and the seat fell vacant in BDS course was allotted to some other candidate. 14. The Principal of VSS Medical College, Burla however did not finally admit the petitioner in MBBS course and sought clari¬fication from the JEE. After receiving the letter of the Princi¬pal in that regard, the JEE on 22nd December, 2007 at their end sought clarification from the Government of Orissa, Industries Department for finally admitting the petitioner in MBBS course in view of the cut-off date fixed by MCI as 30th September. By letter dated 29th December, 2007 Government of Orissa in the Industries Department relying upon the order passed by the Su¬preme Court directing JEE to fill up all the vacant seats within ten days, directed the Principal of VSS Medical College to admit the petitioner in MBBS course. Thus, according to Mr. Das, no laches whatsoever could be attributed to JEE which acted strictly in consonance with the direction of the Government. 15. Learned Addl.Govt. Advocate appearing for the State, on the other hand, submitted that in consonance with the direction given by the Supreme Court in Interim Application No.3 of 2007 arising out of Civil Appeal No.2871 of 2007 in the case of Orissa Private Medical and Dental Colleges’ Association v. State of Orissa, the State Government was directed to fill up the vacant seats. Thus the direction issued to conduct fresh counselling and to fill up the seat in MBBS course which fell vacant due to cancellation of seat allotted to Shri Bhoi was just and proper. 16. After patiently hearing the learned counsel for the parties at length, meticulously perusing the pleadings and the documents annexed thereto and diligently considering the submis¬sions made, this Court finds that it is crystal clear that the petitioner, a S.T. candidate faced rigorous Entrance Examination and secured a reasonably higher rank. In course of counselling she was allotted a seat in BDS course and was directed to take admission at the SCB Medical College, Cuttack. After depositing the required fees with JEE and also complying with other para¬phernalia which involved substantial finance strain she took admission in BDS course. Her admission in BDS course was within the time-schedule fixed by MCI. She was suo motu again called upon to the centralized counselling and was allotted a seat in MBBS course at the VSS Medical College, Burla. In consonance with that she left the BDS course and again complying with the para¬phernalia including deposit of fees, etc. took admission in MBBS course at the VSS Medical College, Burla on 7.2.2008. 17. The only dispute is with regard to the date on which she was asked to take admission in MBBS course at VSS Medical College. It is submitted by the learned counsel for the Review Petitioner that by then the cut-off date 30th September fixed by MCI for admission was over and thus there was no scope to admit the Writ Petitioner in MBBS course in the midstream. Mr. Sarangi, learned counsel for the Writ Petitioner, forcefully submitted that the Writ Petitioner had no laches whatsoever. She had faith¬fully and sacrosanctly complied with the direction issued to her including deposit of huge money and was given admission and it is fit case where this Court may not review the order as sought by the Review Petitioner, and on the other hand may direct the authorities to permit the Writ Petitioner to prosecute her study by attending classes. 18. 18. In the case of MCI v. Nayana Verma, disposed of on 13th January, 2005, relying on the earlier decision in the case of MCI v. Madhu Singh (supra), the Supreme Court reiterated that there should not be any compromise with regard to the total period of MBBS course and a student must complete the said course with effect from day one. It was further observed that there was no short circuiting process of education by means of litigation or otherwise. Thus, it is no more res integra that there is no scope for mid-stream admission students as that action would be against the very spirit of the statutes governing medical education merely on the ground that seats have remained unfilled. In other words no admission in MBBS course is permissible after the cut-off date, i.e. 30th September as fixed by the MCI. 19. In the case at hand, the Writ Petitioner all along complied with direction issued by JEE. She took admission not once, but twice. The delay in taking admission in MBBS course cannot be attributed to her. Unfortunately due to lack of proper coordination between JEE, 2007 and the State Government, she left the BDS seat allotted to her on merit basis and now she is not being allowed to study MBBS course. No doubt the academic session in accordance with the guidelines issued by MCI commences after centralized counselling by JEE is over. According to the said guidelines a student is to be admitted latest by 30th September of the academic session. The said date, as it appears, is not for normal admissions, but is also to give opportunity to candidates to take admission against stray vacancies, i.e. seats falling vacant after the seats are normally filled up. Adherence to the time-schedule by all agencies for selection and admission is a mandatory requirement. Commencement of academic session and closure of admission after 30th September is also a mandate of the MCI and the same has to be strictly adhered to by all con¬cerned. Thus the Writ Petitioner who took admission in MBBS course admittedly on 7th of February, 2008, much later than the cut-off date, cannot be permitted to prosecute her MBBS studies this session. Thus the Writ Petitioner who took admission in MBBS course admittedly on 7th of February, 2008, much later than the cut-off date, cannot be permitted to prosecute her MBBS studies this session. However, considering the fact that she, on merit basis, was selected for admission in MBBS course by JEE, 2007 and in consonance with the direction issued to her she had taken admission in that course, but then after the cut-off date, this Court feels that ends of justice and equity will be better served if she is permitted to prosecute her studies in MBBS at the VSS Medical College or any other college of the State from 2008 academic session, the last date for taking admission in that session being 30th September, 2008. This Court directs the State Government and the JEE to act accordingly. It is needless to say that the petitioner shall not pay any other fees, either to JEE, 2008 or towards admission, as she has already paid the same which would be adjusted in future. 20. Accordingly this Court allows the RVWPET and modifies the order passed on 4.3.2008 in WP(C) No.2668 of 2008 with the direction and observation as above in the light of the decision of the Supreme Court in the case of MCI v. Nayana Verma (supra). This Court further directs that the Writ Petitioner shall be admitted in MBBS course in the academic session 2008-2009 in any Government Medical College of the State. The Writ Petitioner has become a victim of the circum¬stances. She had taken admission in BDS course and while prosecuting her studies she was again called for centralized counselling, was selected and offered a seat in MBBS course. She left BDS course and took admission in MBBS course. For no laches of her and due to the lackadaisical action of the authorities she was made to run from pillar to post, subjected to insurmountable prejudice and hardship, sustained financial strain and inconven¬ience and ultimately prevented from prosecuting studies in MBBS course. She lost one valuable year of her academic and profes¬sional career which will haunt her like ghost throughout her life. She lost one valuable year of her academic and profes¬sional career which will haunt her like ghost throughout her life. This Court is generally reluctant to award any cost against the State or instrumentality of the State, but then here is a fit case where ends of justice and equity warrant that to mitigate a part of the loss sustained by the Writ Petitioner, a sum of Rs.20,000.00 (twenty thousand) should be awarded as cost in her favour. While ordering so, this Court directs the State Govern¬ment and the JEE, 2007 to pay the said cost fifty-fifty. Ordered accordingly.