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Anand S. Biji v. State Of Kerala And Others
Factual and Procedural Background
This interlocutory application was filed by the Director General of Health Services (DGHS), Government of India, seeking modification of an earlier Supreme Court order dated 22-4-1993 (1993) 3 SCC 80. The 1993 order had laid down twelve conditions governing counselling and seat allotment under the All-India quota for Post-Graduate (PG) and Undergraduate (UG) medical/dental courses. Advances in technology, a substantial increase in the number of seats, and logistical difficulties for candidates prompted the DGHS to request that the process be shifted from in-person counselling to an online, computer-based allotment system.
Legal Issues Presented
- Whether the Supreme Court’s order dated 22-4-1993 should be modified to replace the existing two-round, in-person counselling framework with a three-round, online counselling system for All-India quota PG and UG medical/dental seats.
Arguments of the Parties
Director General of Health Services (Applicant)
- The increased number of All-India quota seats makes completion of in-person counselling within the prescribed time-limit impracticable.
- Repeated long-distance travel (up to 6–8 times) imposes financial and physical strain on candidates, including physically-challenged and female students.
- The proposed online system would expand counselling to three rounds and allow participation by a larger pool of candidates, ensuring better utilisation of seats and minimising wastage.
- Online counselling would drastically reduce costs for both candidates and the Government.
- A web-based process conducted by the National Informatics Centre would be “faceless yet fully transparent and fair.”
- Expert Committee findings endorse online counselling as less time-consuming and more convenient for candidates and their parents.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Order dated 22-4-1993; (1993) 3 SCC 80 | Existing framework of 12 conditions governing All-India quota counselling for medical/dental seats. | The Court examined the original conditions and formally modified each of them, replacing in-person counselling with an online process and altering timelines and procedures accordingly. |
Court's Reasoning and Analysis
The Court first reviewed the Expert Committee’s findings highlighting the efficiency and transparency of online counselling. It noted that the proposed changes were solely beneficial to candidates, reducing both time and monetary burdens while promoting transparency. Because the modifications were advantageous and did not prejudice any party or State Government, the Court deemed it unnecessary to issue fresh notices. Concluding that the technological advancements and increased seat numbers rendered the 1993 procedure outdated, the Court invoked its power to modify its earlier order and adopted the DGHS’s proposed online model, expressly substituting revised Conditions 1-12.
Holding and Implications
ALLOWED: The interlocutory application is granted, and Conditions 1-12 of the 1993 order are replaced by the new online counselling scheme outlined in the judgment.
Implications: Online counselling—conducted by the National Informatics Centre—will take effect immediately for all candidates appearing in the All-India Post-Graduate Medical/Dental Entrance Examination (and associated UG processes). The decision streamlines seat allocation, reduces candidate hardship, and enhances procedural transparency. No broader doctrinal precedent is set beyond this specific regulatory modification.
Order
1. This is an interlocutory application filed on behalf of the Director General of Health Services, Government of India, with a prayer for modification of the order passed by this Court on 22-4-1993 (1993) 3 SCC 80.
2. Mr Ashok Bhan, learned Senior Counsel along with other counsel appeared on behalf of the respondent applicant. Dr Sanjay Shrivastava, Assistant Director General (Medical Education), Directorate General of Health Services, Government of India, was also present before us.
3. Vide the aforesaid order (1993) 3 SCC 80, this Court had approved the modifications as suggested by the Director General of Health Services, Government of India and those suggestions i.e Paras 1 to 12, are incorporated in the said order.
4. The Committee has now gone into details of various aspects of All-India Postgraduate Medical/Dental Entrance Examination and examinations conducted by other institutions of medical education, with regard to method of counselling. The relevant finding recorded in this regard by the Expert Committee is reproduced hereinbelow:
“To handle counselling of large number of MBBS/BDS/PG seats, online counselling is necessary. Online counselling is less time-consuming. Large number of candidates and their parents will not be required to travel long distances to appear in counselling by personal appearance two/three times.”
This suggestion has been given on account of modern technology available now in India which will be beneficial to the candidates also.
5. Since the number of seats available under all-India quota in both postgraduate and undergraduate courses has increased over the period of time, it is not possible to complete counselling by personal appearance within prescribed time-limit. The object for which modifications are sought by the Director General of Health Services, Government of India, are as under:
(1) Since the number of seats available under all-India quota, in both PG and UG courses have increased over the period of time, it is not possible to complete counselling by personal appearance within prescribed time-limit.
(2) Candidates, including physically challenged and girl students, and their parents are required to undertake long journey number of times (up to 6-8 times) within a short period of time, causing financial and physical strain to them.
(3) At present there is provision of two rounds of counselling only with participation of relatively less number of candidates (1.4 times in PG and 2 times in UG, of number of available seats). The proposed scheme of online counselling (online allotment process) provides three rounds of counselling with participation of larger number of candidates. This will also ensure better utilisation of all-India quota PG and UG seats and minimise wastage of all-India quota seats.
(4) The expenditure on counselling will be almost nil for the candidates and much less for the Government.
(5) The online counselling process will be faceless yet fully transparent and fair.
(6) The arrangement for online counselling process will be made by the National Informatics Centre (NIC), a Government of India agency which has rich/extensive experience of conducting online counselling for Aieee for nearly one decade.
6. Since the modifications were sought with regard to an order passed by this Court on 22-4-1993 (1993) 3 SCC 80, we considered the matter at length and perused the record. We also found that no notices are required to be sent to any of the parties or the State Governments as the proposed modifications in the said order are only beneficial to the candidates appearing in the said examination. These candidates would not only be saving considerable time if online counselling is permitted but would be able to save money as well. It would also have a greater transparency in the whole process.
7. Thus, we modify the order passed by this Court on 22-4-1993 (1993) 3 SCC 80. Therefore, Conditions 1 to 12, cited in the said order, stand modified as under:
(1) The All-India PG Entrance Examination will be conducted on the second Sunday of January. The candidates will not be required to give any choices at the time of submission of the application forms.
(2) The results will be announced by the third week of February every year.
(3) A total of five times of number of seats available for allotment or all qualified candidates, whichever is less, will be given chance to participate in online counselling (allotment process).
(4) This year, the allotment of PG seats through online counselling (allotment) process will start from 1-5-2012. In subsequent years the date mentioned in the scheme i.e 1st March will be followed.
(5) The details of online counselling will be published on the website of the Ministry of Health and Family Welfare, Government of India (www.mohfw.nic.in).
(6) All candidates declared eligible to take part in online counselling will be able to participate in online process through internet from anywhere (home/college, etc.).
(7) The candidates shall have the right to choose from seats available for particular category viz. UR/SC/ST/OBC/PH without restriction of giving number of choices of course and college, online. This will be called choice submission and choice locking. Seats for various categories will be identified by arranging available seats on roster points. Subject to availability of seat, a candidate will be allotted seat and the allotment letter will be available to the candidates online (on internet).
(8) Not applicable and hence deleted.
(9) Each candidate shall be given 10 days' time to join the allotted college and course from the date of allotment of seat.
(10) Based on choice submitted by the candidate online, the allotment will be made subject to availability of seat/college and this allotment will be firm and final.
(11) The candidates who do not register for online allotment process during notified dates or who do not fill up choice online, for allotment or those who do not join the allotted course/college within stipulated time shall forfeit the claim for a seat under the all-India quota scheme.
(12) A total of three rounds of online allotment process will be conducted in 60 days and after three rounds of allotment process (online counselling) the seats remaining vacant shall be deemed to have been surrendered back to the respective States.
8. Thus, in the light of the aforesaid, we allow this interlocutory application in terms of the above. Henceforth, the aforesaid modified conditions would come into effect forthwith for the candidates appearing in All-India Postgraduate Medical/Dental Entrance Examination.
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