Dr. Priyambada Sharma, etc. etc. vs Board of Governors in Supersession of Medical Council of India
- Neutral2025 INSC 130
Ratio decidendi
The rule this decision rests on
A review petition may be allowed to modify a prior judgment of this Court where the peculiar facts and circumstances of the case warrant such modification, notwithstanding that the prior judgment remains otherwise binding; specifically, where candidates have completed their studies and taken up employment as Senior Residents prior to the date of the judgment sought to be reviewed, the degrees awarded to them shall be treated as legal and valid despite the judgment that would otherwise invalidate them. Where a candidate has pursued studies for substantially the entire duration of a prescribed course before being prevented from continuing by operation of a prior judgment of this Court, and equity and fairness so require, the candidate may be permitted to complete the remaining studies despite the prior judgment, rather than being deprived of the opportunity to do so.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2025 INSC 130 INHERENT JURISDICTION
REVIEW PETITION (CIVIL) NOS. 1739-1746 OF 2023
IN
CIVIL APPEAL NOS. 7533-7534, 7535, 7536, 7537,
7538, 7539 and 7540 OF 2022
DR. PRIYAMBADA SHARMA, ETC. ETC. ..... PETITIONER(S)
VERSUS
BOARD OF GOVERNORS IN SUPERSESSION ..... RESPONDENT(S)
OF MEDICAL COUNCIL OF INDIA & ORS.
ETC.
O R D E R
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.
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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.
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