Dr. Priyambada Sharma, Etc. Vs. Board of Governors in Supersession of Medical Council of India & Ors. Etc.
[Review Petition (Civil) Nos. 1739-1746 of 2023]
[Civil Appeal Nos. 7533-7534, 7535, 7536, 7537, 7538, 7539 and 7540 of 2022]
Having heard the learned counsel for the parties and given the peculiar facts and circumstances of the case, the present review petitions deserve to be allowed to the extent that the review petitioners who have completed their studies in the month of July 2022, and were thereafter appointed and were working as Senior Residents, should not be deprived of their degrees.
In other words, the degrees awarded to them, despite the judgment of this Court dated 17.10.2022 passed in the civil appeals, would be treated as legal and valid. This does not include Dr. Priyambada Sharma. As far as Dr. Priyambada Sharma is concerned, it is stated that she had continued with her studies till the judgment dated 17.10.2022 was passed.
In view of the said judgment, she was prevented from continuing with her further studies. It is stated that Dr. Priyambada Sharma had taken admission on 17.07.2019. Keeping in view the fact that Dr. Priyambada Sharma already studied for almost three years, we permit her to continue and complete her studies at the North Bengal Medical College, Darjeeling, West Bengal.
At the same time, we deem it appropriate to impose consolidated costs of ?5,00,000/- (Rupees five lakhs only) on the authorities concerned, viz., the University and the College, which shall be borne by them jointly and equally, which will be deposited in the Chief Minister's Relief Fund, Government of West Bengal, within four weeks from the date a copy of this order is received by them.
Recording the aforesaid, the review petitions are disposed of. The judgment dated 17.10.2022 shall stand reviewed and modified to the extent indicated above.
Pending application(s), if any, shall stand disposed of.
...................CJI. (Sanjiv Khanna)
.....................J. (Sanjay Kumar)
.....................J. (K.V. Viswanathan)
New Delhi;
January 28, 2025.
