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2012 DIGILAW 1239 (PAT)

Katihar Medical College, Katihar v. Ranjit Kumar S/O Nawal Kishore Prasad

2012-09-04

SHIVA KIRTI SINGH, VIKASH JAIN

body2012
ORDER SHIVA KIRTI SINGH, J. 1. On the last date we had heard learned Senior Counsel Dr. Rajeev Dhavan on behalf of petitioners in both the review applications. Today we have heard learned Additional Advocate General-I, and other counsels appearing for the opposite parties as well as other Senior Counsels for the petitioners who have advanced submissions by way of reply. 2. Both these review applications are directed against interim order dated 23.7.2012 passed by us in LPA No. 1032 of 2012 (Dr.Ranjit Kumar and others vs. Union of India and others) and analogous Appeals. Against that order Katihar Medical College, petitioner in one of the review applications, preferred Special Leave to Appeal (Civil) No(s), 23075-80 of 2012 before the Supreme Court of India. The Special Leave Petitions were disposed of on 03.08.2012 in the following terms:- “Upon hearing counsel the Court made the following Order. Learned senior counsel appearing for petitioners seeks permission of this Court to withdraw these petitions. Permission sought for is granted. Petitions are dismissed as withdrawn. However, liberty is reserved to the petitioners to file an appropriate review petition before the High Court.” 3. After the aforesaid order, in view of liberty sought from the Supreme Court both the Medical Colleges have preferred these review petitions with a view to persuade us to take a different view and modify or vacate the interim order passed on 23.7.2012. 4. The gist of the argument is that the judgment by the writ court is in accordance with law and therefore, no interim order need be passed. In reply to a query as to what materials could justify review of the interim order, pointed attention was drawn to Annexure-4 to the review petition which is an affidavit filed on behalf of Ministry of Health and Family Welfare, Government of India, in some Special Leave Petitions of the years 2003 and 2006 said to be arising from judgment of Karnataka High Court in respect of Regulation 9 of the Post Graduate Medical Education Regulations of the year 2000. 5. 5. In reply learned counsel for the appellants in various LPAs who are opposite parties herein pointed out that the said affidavit is not a new material, but is already available as Annexure-E to the counter affidavit of Katihar Medical College in CWJC No. 8262 of 2011 and that document was also used as an Annexure in a LPA preferred by the College against interim order passed in that writ petition at the initial stage of the writ case. It was also argued on behalf of opposite parties that there is no error apparent on the face of the interim order under review and no materials justify taking a contrary view. 6. In fairness to senior counsels for the petitioners it must be indicated that according to him also the larger issue whether it is permissible under the Constitution to reserve any seats for being filled up on merits by State in minority Medical Colleges may be finally considered only at the time of hearing of the LPAs. 7. In the facts and circumstances of the case and after going through our order under review we find no good reason to entertain these review petitions for taking a different view. Both the review petitions are accordingly dismissed. 8. It is made clear that the contentions raised herein may be considered at the stage of final hearing of the LPAs.