October 17,2017:

An identical request for filling up the Super Specialty seats in the Medical Colleges was allowed by the two judge Bench, which, in its order, did not refer to three judge Bench’s orders.

A possible breach of judicial discipline after a two-judge Supreme Court Bench ordered filling up of the 553 vacant seats in the Super-Specialty Courses in the Medical Colleges just two days after three-judge Bench rejected such a plea.

On an application filed by the Kerala Christian Professional College Management Federation in pending petition of Dr Himank Goyal,  Apex Court Bench comprising of Justice Adarsh Kumar Goel and Justice U U Lalit had directed on October 11 that, “For remaining 553 unfilled super-specialty seats lying vacant, DGHS may hold a mop-up counselling in an endeavour to fill up such seats within a period of 10 days.“

Those offered seats through this mop-up counselling were asked by Bench to join within the four days.

Just two days before this, on October 9, PIL by `Education Promotion Society of India’ had sought the permission from SC Bench comprising of CJI Dipak Misra and Justice A M Khanwilkar and Justice D Y Chandrachud to fill up the vacant superspecialty course seats. The Bench had dismissed the petition.

Court could not have passed an order different from its September 22 one when it turned down pleas to extend deadline for filling vacant seats.

On September 22, bunch of the applications by the various medical colleges, including one by Dr Himank Goyal, came up for hearing before three judge bench headed by CJI.

Apex Court Bench had stated that, “There was an echo of concern that seats are going vacant and, therefore, there is necessity to extend the date. If we permit ourselves to say so, concern travels from rational to emotional sphere.“