(2017) 8 SCC 634
Order dated 27-4-2017
(Before Dipak Misra, A.M Khanwilkar and Mohan M. Shantanagoudar, JJ.)
Writ Petitions (Civil) No. 261 of 2017 with Nos. 102, 171, 227, 258, 270, 292 of 2017 and SLPs (C) Nos. 30336, 31037-38, 31427 of 2016
WP (C) No. 261 of 2017
1. It is submitted by Mr Vikas Singh, learned Senior Counsel, along with Mr Gaurav Sharma, learned counsel appearing for the Medical Council of India that the petitioner Institution has already given admission to the students pursuant to the notification issued by the National Board of Education (NBE) in September 2016, which permitted the Institution to do so. Therefore, the question of common counselling does not arise for this year and hence, the matter may be listed for hearing on 13-9-2017.
WPs (C) Nos. 102 and 171 of 2017
2. Heard the learned counsel for the parties.
3. As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e 2017-2018, are as follows:
3.1 The students who had participated in the common counselling held by the State of Punjab shall furnish an undertaking that they will serve the mission hospitals run by CMC/CDC, Ludhiana and their outreach centres and affiliated hospitals for a period of three years upon completion of their postgraduate course. This will apply to twenty-three candidates, who come within the “in-service commitment” category.
3.2 The aforesaid condition shall only be applicable to Christian Medical College Ludhiana Society.
3.3 The second counselling is going to take place on 11-5-2017. The representative of the Society shall remain present during the counselling and the students who come within the “in-service commitment” category shall furnish the undertaking that they would also give similar undertaking that has been incorporated in Condition 1.
3.4 The conditions that are imposed for doing service after completion of postgraduate course shall only be applicable to “in-service commitment” category so that the petitioner Society is in a position to run its hospitals.
3.5 The second counselling which is going to take place on 11-5-2017, shall include the students from minority category to fill up the balance of the said category i.e 50% of the students, after exclusion from NRI quota.
3.6 If a student who has undergone through the process of counselling and does not intend to take admission in the petitioner Institution, the said student can participate in the second counselling and will be selected keeping in view the directions passed hereinabove.
3.7 If a student decides not to take admission in the petitioner Institution, the counselling authority shall allocate him to a college according to his choice as per the regulations.
3.8 The counselling shall be conducted by Respondent 5, Baba Farid University of Health Sciences, Faridkot, which has been nominated by the State of Punjab.
4. All these arrangements are meant for academic year 2017-2018 as the contentious issues raised in this petition are going to be addressed. Let the matter be listed for the said purpose on 13-9-2017.
WP (C) No. 270 of 2017
5. Heard Mr Sunil Gupta, learned Senior Counsel along with Mr Romy Chacko, learned counsel for the petitioners and Mr Vikas Singh, learned Senior Counsel along with Mr Gaurav Sharma, learned counsel for the respondents.
6. As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e 2017-2018 are as follows:
6.1 The authorised representatives of the colleges, who are the petitioners herein, shall remain present at the time of counselling. We have used the word “counselling” as Mr Gupta, learned Senior Counsel has submitted that the first counselling has not yet been done in respect of these colleges. Mr Vikas Singh, learned Senior Counsel would submit that when there is a common counselling, the question of holding counselling for four institutions does not arise. Be that as it may, that need not be adverted to at the present.
6.2 The second counselling is going to take place on 11-5-2017. On that day, the authorised representative of the petitioner colleges shall remain present and students shall be allocated to their colleges on the basis of merits. Needless to say, the counselling shall be done by the State or any university or authority that has been nominated by the State.
6.3 At the time of counselling, the candidates who are inclined to take admission in these colleges shall furnish an undertaking that they will do service in the mission hospitals connected with the present colleges after completion of the postgraduate course for a period of one year.
6.4 The aforesaid prescription shall only be applicable to the minority students admitted by the petitioner colleges on the basis of the common counselling. The representative of the colleges shall identify the status of minority, but what will ultimately prevail is that the minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have the priority in admission.
6.5 The decision taken in the Counselling Committee shall be implemented by the colleges so that harmony is maintained.
7. The present order shall apply only to the postgraduate admissions. As far as the issue regarding undergraduate course is concerned, Mr Vikas Singh, prays for three days' time to come up with set-up of solutions. Let the matter be listed for the said purpose on 4-5-2017.
SLPs (C) Nos. 31037-38 of 2016
8. As the prayer in these special leave petitions relates to undergraduate course, which is also a part prayer in WP (C) No. 270 of 2017, let this matter be listed on 4-5-2017.
WP (C) No. 227 of 2017
9. Heard Mr Romy Chacko, learned counsel for the petitioner.
10. It is fairly accepted at the Bar that the order passed in WP (C) No. 270 of 2017 can be made applicable to this writ petition. The order passed in Writ Petition (C) No. 270 of 2017 is as follows:
“As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e 2017-2018 are as follows:
(i) The authorised representatives of the colleges, who are petitioners herein, shall remain present at the time of counselling. We have used the word “counselling” as Mr Gupta, learned Senior Counsel has submitted that the first counselling has not yet been done in respect of these colleges. Mr Vikas Singh, learned Senior Counsel would submit that when there is a common counselling, the question of holding counselling for four institutions does not arise. Be that as it may, that need not be adverted to at the present.
(ii) The second counselling is going to take place on 11-5-2017. On that day, the authorised representative of the petitioner colleges shall remain present and students shall be allocated to their colleges on the basis of merits. Needless to say, the counselling shall be done by the State or any university or authority that has been nominated by the State.
(iii) At the time of counselling, the candidates who are inclined to take admission in these colleges shall furnish an undertaking that they will do service in the mission hospitals connected with the present colleges after completion of the postgraduate course for a period of one year.
(iv) The aforesaid prescription shall only be applicable to the minority students admitted by the petitioner colleges on the basis of the common counselling. The representative of the colleges shall identify the status of minority, but what will ultimately prevail is that the minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have the priority in admission.
(v) The decision taken in the Counselling Committee shall be implemented by the colleges so that harmony is maintained.
The present order shall apply only to the postgraduate admissions. As far as the issue regarding undergraduate course is concerned, Mr Vikas Singh, prays for three days' time to come up with set-up of solutions. Let the matter be listed for the said purpose on 4-5-2017.”
11. Let the matter be listed on 4-5-2017.
WP (C) No. 292 of 2017
12. Let a copy of this petition be served on Mr Gaurav Sharma, learned counsel assisting Mr Vikas Singh, learned Senior Counsel for the Medical Council of India. In addition, a copy of the petition be also served on Mr S. Udaya Kumar Sagar, learned Standing Counsel for the State of Telangana and the learned counsel for the KNR University of Health Sciences, Telangana.
13. List the matter on 1-5-2017. The Registry is directed to reflect the names of Mr Gaurav Sharma and Mr S. Udaya Kumar Sagar in the cause-list on the next date of hearing.
SLPs (C) Nos. 31427 of 2016 and 30336 of 2017
14. Let these matters be listed on 4-5-2017.
WP (C) No. 258 of 2017
15. Let this writ petition be listed on 2-5-2017.
(2017) 8 SCC 637
Order dated 3-5-2017
(Before Dipak Misra, A.M Khanwilkar and Mohan M. Shantanagoudar, JJ.)
Writ Petitions (Civil) No. 261 of 2017 with Nos. 102, 171, 227, 258, 267, 270, 292 of 2017 and SLPs (C) Nos. 30336, 31037-38, 31427 of 2016
WPs (C) Nos. 267 & 292 of 2017
16. Issue notice. As the respondents are represented before us, no further notice need be issued.
17. Heard Mr V. Giri, learned Senior Counsel along with Mr K. Parameshwar, learned counsel for the petitioner in WP (C) No. 292 of 2017 and Mr Yogesh Raavi, learned counsel in WP (C) No. 267 of 2017, Mr Ajit Kumar Sinha, learned Senior Counsel for the Union of India and Mr Gaurav Sharma, learned counsel for the Medical Council of India on the prayer for interim relief.
18. Having heard the learned counsel for the parties and keeping in view our earlier order passed in WP (C) No. 270 of 2017 on 27-3-2017, it is directed as under:
18.1 The States concerned which have been arrayed as the respondents herein, shall carry out the counselling and the authorised representatives of the colleges who are the petitioners herein, shall remain present at the time of counselling.
18.2 When the counselling commences, the authorised representatives who have been directed to remain personally present, may assist the counselling authorities for allocation of students to their colleges from amongst the minorities on the basis of their merits.
18.3 The decision taken in the Counselling Committee shall be implemented by the colleges so that harmony is maintained.
18.4 The representatives of the colleges shall identify the status of minority, but what will ultimately prevail is that the candidate belonging to minority category must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have priority in admission.
18.5 70% of the seats shall be filled up from amongst the minority students and balance shall be filled up by the general category. In case, there are inadequate students meeting the criteria, that is, minority status and merit, then the same shall be filled up on consent from other categories.
The aforesaid order covers filling up of posts in the postgraduate courses. As there is dual prayer in these writ petitions, which also relate to undergraduate courses, let the writ petitions be listed on 4-5-2017, only for the said relief.
WPs (C) Nos. 227 and 270 of 2017
19. Let a copy of the petitions be served on Mr C.K Sasi, learned Standing Counsel for the State of Kerala. List the matter on 4-5-2017. The Registry is directed to reflect the name of Mr C.K Sasi in the cause-list on the next date of hearing.
WP (C) No. 258 of 2017, SLPs (C) Nos. 31037-38, 31427 and 30336 of 2016
20. Let these matters be listed on 4-5-2017.
WPs (C) Nos. 261, 171 and 102 of 2017
21. Let these matters be listed on 13-9-2017.
(2017) 8 SCC 638
Order dated 9-5-2017
(Before Dipak Misra and A.M Khanwilkar, JJ.)
Writ Petitions (Civil) No. 267 of 2017 with Nos. 227, 258, 270, 292, 345 of 2017 and SLPs (C) Nos. 30336, 31037-38, 31427 of 2017
WPs (C) Nos. 267, 292, 270, 227 and 258 of 2017 and SLPs (C) Nos. 31037-38, 31427 and 30336 of 2016
22. Issue notice. As the respondents have been represented by the respective counsel, no further notice need be issued.
23. Having heard the learned counsel for the parties, as an interim measure, the following directions are issued:
23.1 Common counselling for admission to all-India quota seats in government medical colleges shall be conducted by DGHS. The counselling conducted by DGHS will also include deemed universities as they have an all-India character. The deemed universities mentioned above shall also include deemed universities run by religious and linguistic minorities.
23.2 Common counselling for State quota seats in government as well as private medical colleges including colleges/institutions run by religious and linguistic minorities affiliated to State Universities shall be conducted by the State Government or the authority designated by the State Government. The notification issued by the State Government intimating the students about the common counselling must specify that at the time of counselling the students belonging to minority community will be required to furnish the necessary proof regarding their minority status and submit in writing about their willingness to take admission in the minority college/institution concerned.
23.3 As per the judgment of this Hon'ble Court in Ashish Ranjan v. Union of India (2016) 11 SCC 225, there shall be only two rounds of common counselling each conducted by the DGHS/State Government or authority designated by the State Government for all-India quota (including deemed university) and State quota seats respectively.
23.4 After the second round of counselling for all-India quota seats, the students who take admission in all-India quota seats should not be allowed/permitted to vacate the seats. This would ensure that very few seats are reverted to the State quota and also all-India quota seats are filed by students from the all-India merit list only. The students who take admission and secure admission in deemed universities pursuant to the second round of counselling conducted by DGHS shall not be eligible to participate in any other counselling.
23.5 The notification to be issued by DGHS and the State Government notifying common counselling should also provide the fee structure of deemed universities and private medical colleges. DGHS/State Government should also obtain the consent of the students regarding their willingness to pay the fees provided in the notification and take admission in the deemed universities and private medical colleges.
23.6 The students who secure admission in MBBS course pursuant to the common counselling conducted by the State Government, at the time of common counselling itself, should be made to deposit with the Admission/Counselling Committee the demand draft towards the fees payable to the institution/colleges/university. The Admission/Counselling Committee shall forthwith forward the demand draft to the respective institution/colleges/university. The necessity for including the abovementioned requirement has arisen as it has been time and again noticed that when students report to the college after the counselling they are refused admission by the colleges on some pretext or the other and it is shown by the college as if the student never reported to the college for admission. If the demand draft is deposited by the Admission/Counselling Committee then there would be no scope for colleges to refuse admission to any student.
23.7 In order to ascertain the number of seats that still remain vacant after the counselling the State Government or the authority designated by the State Government shall conduct manual counselling for allotment of students. After the completion of counselling, the State Government shall determine the number of seats that are still vacant and thereafter shall forward a list of students in order of merit, equalling to ten times the number of vacant seats to the medical college so that in case of any stray vacancy arising in any college the said seat may be filled up from the said list.
23.8 In the applications submitted by the students belonging to the minority community they should confirm their minority status as well as the fact that they fulfil other conditions which may be prescribed by the minority institutions. Accordingly, DGHS as well as the State Government shall prepare a separate list of minority students seeking admissions in the respective minority institutions in order of merit. The competent authorities of the college present during counselling shall check/verify the minority status of the candidate. This arrangement is only meant for the State quota.
23.9 During the common counselling conducted by the State Government, the representatives of the medical colleges particularly representative of minority institutions should be a part of the Admission/Counselling Committee as the case may be.
23.10 Common counselling conducted by the DGHS/State Government will not in any manner affect the rights of minority institutions to admit students of their respective minority community. The minority quota seats, if any, in institutions run by minorities will be filled up by minority students only. Therefore, the rights of minority institutions are fully protected.
24. Needless to say, this arrangement will not apply to the States of Andhra Pradesh, Telangana and Jammu & Kashmir. As far as the other States are concerned, needless to say, this arrangement shall apply to all the colleges unless this Court has passed any different or separate order. Let the matter be listed on 13-9-2017.
WP (C) No. 345 of 2017
25. Let the matter be listed on 13-9-2017. The directions issued in Writ Petition (Civil) No. 267 of 2017 shall apply on all fours to this case. Needless to say, all the contentions are kept open.
(2017) 8 SCC 640
Order dated 9-6-2017
(Before Ashok Bhushan and Deepak Gupta, JJ.)
IAs Nos. 44508, 44513, 45538, 45540, 45542, 45855, 45856, 45859 and 45886 of 2017 in Writ Petition (Civil) No. 76 of 2015
IAs Nos. 44513, 44508, 45886 of 2017
26. We have heard the learned counsel for the applicants, Shri Gaurav Sharma, learned counsel appearing for the Medical Council of India. Shri Ajit Kumar Sinha, learned Senior Counsel appearing for the Union of India and the learned counsel for the State of Bihar.
27. IA No. 44513 of 2017 has been filed by Katihar Medical College whereas IA No. 44508 of 2017 has been filed by another private medical college, namely, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital, Kishanganj. Both the applications have been filed on 29-5-2017 praying for direction to the State of Bihar via the Bcece Board to hold a fresh counselling for the seats available in the applicants' Colleges which are lying vacant and could not be filled up due to haphazard and arbitrary counsellings conducted by the Board. The applicants pray that the last date for PG course in medical colleges i.e 31-5-2017 may be relaxed and extended in respect of the vacant seats in the applicants' institutions.
28. The State of Bihar filed a reply in the aforesaid two applications and has also filed IA No. 45886 of 2017 praying for the following directions:
“A. Allow the present application for direction permitting the State authorities an extension of 2 weeks' time from the date of the order to conduct counselling or any other period that this Hon'ble Court may deem appropriate for completing the counselling and admission procedure of abovementioned vacant seats in PG courses as well as in diploma courses across the State of Bihar.
B. Pass such other order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case.”
29. The State of Bihar in its reply to the applications as well as in the application for direction have given details of counselling and procedure adopted in paras 12 to 21, the sequence of the events, counselling held and the reasons for cancelling the counselling as well as the second part of the counselling. Paras 12 to 21 are as follows:
“12. It is submitted that first counselling was done by the Bcece Board from 10-4-2017 to 15-4-2017.
13. That in the meanwhile, the Union Government communicated that 143 seats of PG courses and 32 seats of diploma courses belonging to the Central quota have remained vacant from the all-India quota. The State of Bihar was subsequently asked to fill up these vacant seats as State quota.
14. That thereafter, the second counselling was conducted by the Bcece Board from 16-5-2017 to 20-5-2017 but during the course of counselling some students created nuisance over the issue of reservation policy.
15. It is submitted that this led to a law and order situation and the State authorities were left with no recourse except to stop the counselling process. Upon examining the complaints of the students, the State Government decided to cancel the first as well as second part of counselling and rescheduled it on 28-5-2017 and 29-5-2017.
16. In the meantime, the State authorities carefully reviewed this issue and came out with a new resolution issued vide Memo No. 569(1) dated 27-5-2017. This resolution introduced a new formula for counselling in PG courses.
17. That a perusal of Clause (iii) of the said resolution dated 27-5-2017 provides that for admission in PG courses in year 2017, all seats of State quota and left over seats of all-India quota will be amalgamated and it was further that the counselling for all the seats will be conducted afresh under State Reservation Rules as described in Clauses (i) and (ii).
18. That in light of the abovesaid resolution, fresh recounselling was done on 28-5-2017 and 29-5-2017 and second counselling and mop-up counselling was done on 31-5-2017 by which 349 seats were allotted in PG degree courses and diploma courses.
19. That upon completion of second counselling and mop-up counselling, 62 seats (PG) and 20 seats (Diploma) are vacant in government medical colleges. A true copy of 82 vacant seats of students in government medical colleges is annexed herewith as Annexure A-1.
20. That for private medical colleges, the first counselling was done on 14-4-2017 and 15-4-2017. The second counselling was done on 24-5-2017 and 25-5-2017. The mop-up counselling was conducted on 30-5-2017.
21. That it is humbly submitted that 82 seats (62 PG and 20 Diploma) in government medical colleges and 70 seats (62 PG and 8 Diploma) in private medical colleges are lying vacant across the State of Bihar, as on date.”
30. Shri Gaurav Sharma, learned counsel appearing for the Medical Council of India has opposed the applications filed by the private medical colleges as well as application filed by the State of Bihar. He submits that in the schedule fixed for admission which has been approved by this Court by order dated 18-1-2016 in Rajdeep Singh v. Union of India (2016) 11 SCC 225, 31st May is the last date for admission in the PG medical courses. He has referred to the note contained in “time schedule for completion of admission process for PG (Board specially) Medical Courses for All-India Quota and State Quota”. He has referred to Note 3 which provides as follows:
“2. … ‘3. In any circumstances, last date for admission/joining will not be extended after 31st May.’”
31. Shri Gaurav Sharma submits that this Court time and again has reiterated that time schedule prescribed by the Medical Council of India is to be strictly adhered to. It is submitted by Shri Sharma that large number of seats which are said to be vacant are the branches which normally are not preferred by the students, he has referred to p. 11 of the application of the State of Bihar that is vacancy report after counselling held on 31-5-2017. In support of his submission, he further contends that high fee structure as prescribed by the private medical colleges who have given annual fee as Rs 40 lakhs as well as bank guarantee for next two years' fee is the reason due to which large number of students are unable to take admission and the colleges themselves have to blame for such stringent conditions for admission and they cannot claim any extension of time schedule which has already been fixed by the Medical Council of India and approved by this Court by the judgment dated 18-1-2016 (2016) 11 SCC 225.
32. Shri Ajit Kumar Sinha, learned Senior Counsel appearing for the Union of India submits that when the time schedule has been fixed by this Court, the same cannot be allowed to be changed on the strength of IA. He submits that by the IAs, the applicants cannot ask for review of the judgment and sort of review the time schedule fixed for admission cannot be allowed to be changed.
33. The learned counsel for the private colleges in support of their applications contend that the postponement of counselling, time and again and ultimately cancelling first and second part of the counselling and rescheduling it on 28th and 29th May was reason due to which large number of students could not take admission. It is submitted that initially there was no all-India publication of the counselling programme. It is submitted that first as well as second counsellings were rescheduled and postponed on several occasions. It is submitted that a large number of seats are vacant in the applicants' institutions. In Katihar Medical College, 41 PG seats in different subjects are vacant after the last date of second counselling whereas in Mata Gujri Memorial Medical College number of vacant seats in PG course is 48.
34. The learned counsel appearing for the State of Bihar has given a sequence of events pertaining to first and second counselling. It is submitted that when second counselling was conducted by the Board from 16-5-2017 to 20-5-2017, during the course of counselling, some students created nuisance over the issue of reservation policy which led to a law and order situation and the State authorities were left with no recourse except to stop the counselling process. Upon examining the complaints of the students, the State Government decided to cancel the first as well as second part of the counselling and rescheduled it on 28-5-2017 and 29-5-2017. Further, a new resolution was passed on 27-5-2017 introducing new formula for counselling in PG courses. Further, wherein all seats of State quota and left over seats of all-India quota will be amalgamated and it was decided that the counselling for all the seats will be conducted afresh under State Reservation Rules. The sequence of events as given by the State of Bihar has already been noted and extracted above.
35. The learned counsel for the applicants has also placed reliance on various orders of this Court wherein this Court has granted relaxation in time schedule for admission. The applicants have placed reliance on the following judgments of this Court in above respect:
35.1 The judgment of this Court in State of Maharashtra v. D.Y Patil Vidyapeeth (2016) 9 SCC 401 wherein this Court issued direction in para 13.5 where time for completion of admission which is 30-9-2016 was extended by 7-10-2016. Para 13.5 of the judgment is as follows:
“13.5. Since it may not be possible to complete the process of admission by 30-9-2016, we extend the time to complete the admission by 7-10-2016.”
35.2 The learned counsel also placed reliance on judgment of this Court dated 25-5-2017 in State of Haryana v. Narender Soni (2017) 14 SCC 645. In para 17 of the judgment, the following was held:
“17. In the peculiar facts and circumstances of the case, the State of Haryana, if it wishes to give weightage for admission in postgraduate courses under the proviso to Regulation 9(IV), it must come out with a fresh notification identifying remote and/or difficult areas as discussed in the present order, within one week from today and to facilitate the same, the last date for admission is extended to 10-6-2017.”
35.3 The order of this Court dated 29-5-2017 in Board of Professional Entrance Examinations v. Shahnawaz Ahmed Chowdhary SLP (C) No. 15859 of 2017 with regard to State of Jammu and Kashmir, the time was extended till 15-6-2017. The order of this Court is as follows:
“Having regard to the peculiar facts of these cases, the special leave petitions are dismissed, leaving the question of law open.
Since the petitioner will have to do fresh exercise in terms of the order LPA (SW) No. 85 of 2017 passed by the High Court, time to do that exercise is extended till 15-6-2017.
We are conscious of the fact that in other cases time is extended only till 10-6-2017. However, in the peculiar situation in the State of Jammu and Kashmir, as an exceptional case, time is extended till 15-6-2017.
The special leave petitions are dismissed.
Pending application(s), if any, stands disposed of accordingly.”
36. From the facts brought up by the State of Bihar, it is apparent that in Government Medical Colleges 62 seats in PG and 20 seats in diploma are vacant whereas in private medical colleges 62 seats in PG and 8 seats in diploma are vacant. As noted above, the private medical colleges have filed these applications on 29-5-2017 that is well before the last date of completing the admission. In reply to the said applications, all necessary facts have been stated by the State of Bihar in giving details of first and second counselling, rescheduling the counselling and holding the mop-up counselling on 31-5-2017.
37. From the perusal of the time schedule of counselling as framed by the Medical Council of India and its Regulation and approved by this Court on 18-1-2016 (2016) 11 SCC 225, it is clear that the time schedule for first round counselling for State quota was from 4th April to 15th April whereas second round counselling was to be conducted between 11th May to 20th May. Although, the State initially held the first and second counselling within the time schedule but decision was taken to cancel the first and second part of the counselling on 26th May. The Notification was issued by the Government of Bihar on 26-5-2017 informing cancellation of first and second part of the counselling with regard to the Medical Colleges of State. Counsellings with regard to private medical colleges for PG courses were also rescheduled and adjourned.
38. The learned counsel for the Medical Council of India has also brought on record, notice issued for mop-up counselling for private medical/dental colleges which was to take place on 30-5-2017. With regard to the admission in the State of Bihar, the State itself has come up referring to various practical difficulties and reasons for disruption of counselling process. The time schedule framed by the Medical Council of India as approved by this Court itself indicates that proper care has been taken in fixing the time schedule giving sufficient time for filling up seats which could not be filled up by the first, second and mop-up counselling. When first and second rounds of counselling have been completed on 30th May, after cancelling of earlier counsellings, there was no time schedule to take steps for filling up vacant seats of government medical colleges and private medical colleges. It is true that the time schedules fixed by the Medical Council of India and approved by this Court have to be adhered to and normally this Court is reluctant to grant relaxation in time schedule. However, the learned counsel for the applicants have referred to various circumstances where this Court due to compelling reasons gave limited relaxation in the time schedule for completion of admission. With regard to the postgraduate admission for the year 2017-2018, this Court has already granted extension of time in the State of Haryana and J&K. With regard to the State of J&K, extension has been granted till 15-6-2017 to complete the process of admission. Thus, stand is taken by the State of Bihar that no prejudice shall be caused to any stakeholder in the event the State authorities are granted an extension for completing the counselling and admission process for filling up vacant seats in PG courses as well as diploma courses across the State of Bihar.
39. In view of the facts and peculiar circumstances in which the State of Bihar had to cancel first and second part of counselling and had fixed fresh counselling on 29th and 30th May and looking to the substantial vacant seats both in government medical colleges and private medical colleges, we are satisfied that the State is right in asking for giving further time to take steps to fill up the vacant seats in PG degree courses and diploma courses.
40. Thus, in the facts and circumstances of the case, we extend time for completing the admission process by 15-6-2017 by holding an extended counselling by the Board. We further direct that only those students shall be invited to participate in extended counselling whose roll numbers were reflected both in the government medical colleges and private medical colleges in the last notice for counselling and the eligibility is confined to those students only who were invited in the last counselling and could not take admission.
41. All the applications are disposed of accordingly.
IAs Nos. 45538, 45540, 45542, 45855, 45856 and 45859 of 2017
42. These applications have been filed by two private universities, namely, People's University and Malwanchal University, Indore. In both the applications, the applicants have made identical prayers which are to the following effect:
“In view of the above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) Allow the present application for intervention;
(b) Permit the applicant to intervene in the present petition; and
(c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
43. The case of the applicants is that the State of Madhya Pradesh conducted counselling for admission in postgraduate medical courses as per schedule dated 3-5-2017. It is stated that there was delay in holding first and second counselling. Two counsellings were completed, first between 11-5-2017 to 20-5-2017 and second between 23-5-2017 to 29-5-2017.
44. Reliance has been placed by the applicants on order dated 9-5-2017 passed in Dar-Us-Slam Educational Trust v. Medical Council of India and the Circular dated 26-5-2017 issued by the Government of India, Ministry of Health and Welfare consequent to the aforesaid order of this Court dated 9-5-2017. It is contended that there was an order of Madhya Pradesh High Court in Peoples University v. Union of India WP No. 7900 of 2017 dated 29-5-2017. Before the High Court, the State Government has submitted that counselling will be completed on 31-5-2017 as per directions of this Court.
45. The learned counsel submits that as per order dated 9-5-2017 for manual admission process after ascertainment of the number of seats vacant, only 30 minutes' time was left between 11.30 p.m and 12 p.m on 31-5-2017. It is further stated that revised schedule which was published on 30-5-2017 does not indicate that the compliance with the order of this Court dated 9-5-2017 was ensured. It was further contended that no list of the students as contemplated by order dated 9-5-2017 was provided by the State, consequently 17 seats in Peoples College of Medical Sciences and Research Centre, 10 seats in Peoples College of Dental Sciences and Research Centre and 12 seats in Peoples Dental Academy could not be filled. It is useful to refer to the averments made in Para 10 of the People's University application to the following effect:
“10. That after the aforesaid order, dated 29-5-2017, passed in Peoples University v. Union of India WP No. 7900 of 2017, the State Government issued the order, dated 29-5-2017, prescribing inter alia that as per the Circular dated 26-5-2017 issued by the Ministry of Health and Family Welfare, the seats would be filled up on 31-5-2017 after 7 p.m However, the aforesaid schedule was further revised on 30-5-2017 and now only 30 minutes' time i.e 11.30 p.m to 12 p.m on 31-5-2017 is given to the applicant and other colleges to fill up the vacant seats as per the Notification dated 26-5-2017.
As directed, the representatives of the applicant were present at the scheduled time but no list of student was given and the State of M.P has not only violated this Hon'ble Court's order, dated 9-5-2017 passed in Dar-Us-Slam Educational Trust v. Medical Council of India read with Circular dated 26-5-2017 issued by the Ministry of Health and Family Welfare but the order, dated 29-5-2017 passed by the Hon'ble High Court of M.P in Peoples University v. Union of India WP No. 7900 of 2017 as well. As the consequences were inevitable, the following seats are still lying vacant:
Sl. No.
Name of constituent unit
Number of vacant seats
1.
Peoples College of Medical Sciences and Research Centre
17 seats
2.
Peoples College of Dental Sciences and Research Centre
10 seats
3.
Peoples Dental Academy
12 seats”
46. In the application filed on behalf of Malwanchal University, Indore also similar averments were made and it is further stated that in the constituent unit of the University, that is, Peoples College of Medical Sciences and Research Centre, 17 seats could not be filled up.
47. The learned counsel for the applicants on the aforesaid premise prayed that the time for completing the counselling in accordance with the order dated 9-5-2017 be extended so that unfilled seats in the applicants' units be filled up.
48. The learned counsel for the State of Madhya Pradesh refuted the submissions made by the learned counsel for the applicants. It is contended that the first and second counsellings were completed within time. Mop-up counselling was also conducted and completed on 31-5-2017 and admissions have been completed. Some seats could not be filled up because no student opted for those seats. It is submitted that there is absolutely no ground to grant any extension of time beyond 31-5-2017 as prayed by the applicants.
49. Shri Gaurav Sharma, learned counsel appearing for the Medical Council of India submits that order dated 9-5-2017 passed in Dar-Us-Slam Educational Trust v. Medical Council of India relied on by the applicants does not relate to admission in PG courses. He submits that order dated 9-5-2017 was issued with regard to admission in MBBS courses. Hence, very basis of the application is unfounded. Shri Gaurav Sharma has referred to order dated 3-5-2017 passed in Writ Petitions (C) Nos. 261 and 292 of 2017, and other writ petitions which, according to him, clearly mentioned that matter was further directed to be listed on 4-5-2017 for considering the procedure for admission in undergraduate courses. He submits that the order dated 9-5-2017 has to be confined to admission to the MBBS courses only and not relating to postgraduate courses.
50. We have considered the submissions of the parties and perused the records.
51. The very basis of the applications filed by both the Universities, is the order dated 9-5-2017 passed by this Court in Writ Petition (C) No. 267 of 2017 and other writ petitions. Reliance has been placed by the learned counsel on Direction 7 which is to the following effect: (See para 23.7)
“23.7. In order to ascertain the number of seats that still remain vacant after the counselling the State Government or the authority designated by the State Government shall conduct manual counselling for allotment of students. After the completion of counselling, the State Government shall determine the number of seats that are still vacant and thereafter shall forward a list of students in order of merit, equalling to ten times the number of vacant seats to the medical college so that in case of any stray vacancy arising in any college the said seat may be filled up from the said list.”
52. The applicants have also relied on circular issued by the Government of India, Ministry of Health and Family Welfare dated 26-5-2017 which is to the following effect:
“Sub.: Counselling for admission in PG course in medical colleges — regarding.
Sir/Madam,
In continuation to this Ministry's Letter of even number dated 11-5-2017 on the subject mentioned, I am directed to reproduce para 7 of the order of the Hon'ble Supreme Court passed on 9-5-2017 in Dar-Us-Slam Educational Trust v. Medical Council of India:
‘In order to ascertain the number of seats that still remain vacant after the counselling, the State Government or the authority designated by the State Government shall conduct manual counselling for allotment of students. After the completion of counselling, the State Government shall determine the number of seats that are still vacant and thereafter shall forward a list of students in order of merit, equalling to ten times the number of vacant seats to the medical college so that in case of any stray vacancy arising in any college the said seat may be filled up from the said list.’
2. In view of the above, all the State/UT Governments are requested to conduct mop-up round of counselling first. After the completion of mop-up counselling, the number of seats that are still vacant may be determined and list of students in order of merit, equalling to ten times the number of vacant seats shall then be forwarded to the medical colleges concerned. In any case, last date of admission i.e 31-5-2017 will remain unchanged.
Yours sincerely,
sd/-
(D.V.K Rao)
Under-Secretary to the Government of India
Tele: 011-2306 2959”
53. One of the issues which has been raised in these applications is with regard to the applicability of the order dated 9-5-2017 with regard to the postgraduate courses.
54. Shri Gaurav Sharma has referred to order dated 3-5-2017 passed in Writ Petition (C) No. 261 of 2017 and other writ petitions where this Court, after hearing the learned counsel for the parties, has passed the following directions: (See para 18)
“18. Having heard the learned counsel for the parties and keeping in view our earlier order passed in WP (C) No. 270 of 2017 on 27-3-2017, it is directed as under:
18.1 The States concerned which have been arrayed as the respondents herein, shall carry out the counselling and the authorised representatives of the colleges who are the petitioners herein, shall remain present at the time of counselling.
18.2 When the counselling commences, the authorised representatives who have been directed to remain personally present, may assist the counselling authorities for allocation of students to their colleges from amongst the minorities on the basis of their merits.
18.3 The decision taken in the Counselling Committee shall be implemented by the colleges so that harmony is maintained.
18.4 The representatives of the colleges shall identify the status of minority, but what will ultimately prevail is that the candidate belonging to minority category must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have priority in admission.
18.5 70% of the seats shall be filled up from amongst the minority students and balance shall be filled up by the general category. In case, there are inadequate students meeting the criteria, that is, minority status and merit, then the same shall be filled up on consent from other categories.
The aforesaid order covers filling up of posts in the postgraduate courses. As there is dual prayer in these writ petitions, which also relate to undergraduate courses, let the writ petitions be listed on 4-5-2017, only for the said relief.”
55. A perusal of the aforesaid order indicates that the next date that is 4-5-2017 was fixed for consideration of relief pertaining to undergraduate courses. Shri Sharma submits that the matter could not be heard on 4-5-2017 on which date it was adjourned WP (C) No. 267 of 2017 to 8-5-2017 and ultimately order was passed on 9-5-2017. A perusal of Directions 8, 9 and 10 indicate that the directions pertain to admission of the students belonging to minority community which directions have been quoted below: (See paras 23.8-23.10)
“23.8 In the applications submitted by the students belonging to the minority community they should confirm their minority status as well as the fact that they fulfil other conditions which may be prescribed by the minority institutions. Accordingly, DGHS as well as the State Government shall prepare a separate list of minority students seeking admissions in the respective minority institutions in order of merit. The competent authorities of the College present during counselling shall check/verify the minority status of the candidate. This arrangement is only meant for the State quota.
23.9 During the common counselling conducted by the State Government, the representatives of the medical colleges particularly representative of minority institutions should be a part of the Admission/Counselling Committee as the case may be.
23.10 Common counselling conducted by the DGHS/State Government will not in any manner affect the rights of minority institutions to admit students of their respective minority community. The minority quota seats, if any, in institutions run by minorities will be filled up by minority students only. Therefore, the rights of minority institutions are fully protected.”
56. A perusal of directions issued on 3-5-2017 clearly indicate that with regard to admission of candidates belonging to minority community, several directions were already issued with regard to the admission in postgraduate courses as per order dated 3-5-2017. When this Court has already issued an order ensuring students of minority community be admitted after proper verification on 3-5-2017 itself, there was no occasion to issue further directions on the same subject on 9-5-2017, if both the orders relate to postgraduate admissions. This clearly gives support to the submission made by the learned counsel of the Medical Council of India that order dated 9-5-2017 confines to admission to undergraduate courses.
57. In the order dated 3-5-2017, the following was specifically mentioned: (See para 18)
“18. … The aforesaid order covers filling up of posts in the postgraduate courses. As there is dual prayer in these writ petitions, which also relate to undergraduate courses, let the writ petitions be listed on 4-5-2017, only for the said relief.”
The above order dated 3-5-2017 clearly indicates that matter was to be further listed on 4-5-2017 for considering the relief relating to undergraduate courses. On 4-5-2017 matter could not be taken up and adjourned WP (C) No. 267 of 2017 to 8-5-2017 and ultimately order was issued on 9-5-2017. Thus, order dated 9-5-2017 has been reproduced above in reference to above paragraph. The above paragraph of the order dated 3-5-2017 clearly supports the contention of Shri Sharma that order dated 9-5-2017 relates to admission of undergraduates.
58. The order passed by this Court on 27-4-2017 in Writ Petition (C) No. 270 of 2017 when read with order of this Court dated 9-5-2017 passed in Dar-Us-Slam Educational Trust v. Medical Council of India also leads to the same conclusion. Order dated 27-4-2017 in Writ Petition (C) No. 270 of 2017 also contains various directions for academic year 2017-2018 in reference to postgraduate admissions. In Writ Petition (C) No. 270 of 2017 the following order was passed: (See paras 5-7)
“WP (C) No. 270 of 2017
5. Heard Mr Sunil Gupta, learned Senior Counsel along with Mr Romy Chacko, learned counsel for the petitioners and Mr Vikas Singh, learned Senior Counsel along with Mr Gaurav Sharma, learned counsel for the respondents.
6. As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e 2017-2018 are as follows:
6.1 The authorised representatives of the colleges, who are petitioners herein, shall remain present at the time of counselling. We have used the word “counselling” as Mr Gupta, learned Senior Counsel has submitted that the first counselling has not yet been done in respect of these colleges. Mr Vikas Singh, learned Senior Counsel would submit that when there is a common counselling, the question of holding counselling for four institutions does not arise. Be that as it may, that need not be adverted to at the present.
6.2 The second counselling is going to take place on 11-5-2017. On that day, the authorised representative of the petitioner colleges shall remain present and students shall be allocated to their colleges on the basis of merits. Needless to say, the counselling shall be done by the State or any university or authority that has been nominated by the State.
6.3 At the time of counselling, the candidates who are inclined to take admission in these colleges shall furnish an undertaking that they will do service in the mission hospitals connected with the present colleges after completion of the postgraduate course for a period of one year.
6.4 The aforesaid prescription shall only be applicable to the minority students admitted by the petitioner colleges on the basis of the common counselling. The representative of the colleges shall identify the status of minority, but what will ultimately prevail is that the minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have the priority in admission.
6.5 The decision taken in the Counselling Committee shall be implemented by the colleges so that harmony is maintained.
7. The present order shall apply only to the postgraduate admissions. As far as the issue regarding undergraduate course is concerned, Mr Vikas Singh, prays for three days' time to come up with set-up of solutions. Let the matter be listed for the said purpose on 4-5-2017.”
59. Writ Petition (C) No. 270 of 2017 along with other writ petitions was listed on 4-5-2017, as directed, on which date matter was adjourned to 8-5-2017. Ultimately, order dated 9-5-2017 was passed in Dar-Us-Slam Educational Trust v. Medical Council of India. It has already been referred to above. Order dated 27-4-2017 as extracted above specifically mentioned: (See para 7)
“7. The present order shall apply only to the postgraduate admissions. As far as the issue regarding undergraduate course is concerned, Mr Vikas Singh, prays for three days' time to come up with set-up of solutions. Let the matter be listed for the said purpose on 4-5-2017.”
60. Thus, 4-5-2017 which was fixed and ultimately when order dated 9-5-2017 was passed, same was only in reference to undergraduate course.
61. There is one more reason for coming up to the aforesaid conclusion. In order dated 9-5-2017, the State Government has been directed to determine the number of seats that are still vacant and thereafter is to forward a list of students in order of merit, equalling to ten times the number of vacant seats to the Medical College so that in case of any stray vacancy arising in any college the said seat may be filled up from the said list. In admission to the postgraduate courses both merit and preference of candidates are looked into. Had the Court vide Direction 7 of the order dated 9-5-2017 intended the sending of ten times the number of vacancies of each postgraduate courses, there would have been further elaboration pertaining to discipline and drawing of inter se merit.
62. We are, thus, of the considered view that the order dated 9-5-2017 does not relate to admission into postgraduate courses and is confined to admission in undergraduate courses as noted above.
63. Coming to the circular issued by the Government of India, Ministry of Health and Family Welfare dated 26-5-2017, the said circular has been issued on the strength of the order of this Court dated 9-5-2017 in Dar-Us-Slam Educational Trust v. Medical Council of India. It appears that the said circular has been issued by the Government of India, Ministry of Health and Family Welfare in misconception that the order dated 9-5-2017 is applicable to the admission to the postgraduate courses. When the order dated 9-5-2017 is itself not applicable to postgraduate courses, the circular dated 26-5-2017 is not effective.
64. We are, thus, of the view that the very basis of the applications filed by the applicants is unfounded and the applicants are not entitled to any relief in these applications. All the IAs are rejected.
(2017) 8 SCC 653
Order dated 13-6-2017
(Before Prafulla C. Pant and Deepak Gupta, JJ.)
SLP (C) No. 16282 of 2017
The Judgment of the Court was delivered by
Deepak Gupta, J.— This petition is directed against the judgment and order 2017 SCC OnLine Chh 627 passed by the High Court of Chhattisgarh whereby the petition filed by the petitioner for extending time for carrying out admissions to postgraduate and superspeciality courses in medical and dental colleges in the State of Chhattisgarh was dismissed.
66. The main contention raised on behalf of the petitioner is that the State did not conduct the counselling within time; the State did not give proper publicity to the reduction of the cut-off marks for admission to postgraduate courses; the State did not send the list of eligible candidates as per the judgment in Dar-Us-Slam Educational Trust v. Medical Council of India. Lastly, it is contended that a large number of seats are lying vacant which will result in wastage of seats.
67. In Ashish Ranjan v. Union of India (2016) 11 SCC 225, this Court laid down a schedule to be followed for admission to medical colleges. This schedule, as approved by this Court, must be followed to ensure that medical education standards are not lowered as per the schedule laid down in Ashish Ranjan case (2016) 11 SCC 225. The first round of counselling was to be completed from 9-5-2017 to 10-5-2017. The second round of counselling was to be completed from 11-5-2017 to 20-5-2017 and the last date for admission is 31-5-2017. All the States have followed the system of mop-up counselling which had to be done before 31-5-2017. As far as the State of Chhattisgarh is concerned, the first round of counselling was conducted during the period 16-5-2017 to 22-5-2017; the second round of counselling was conducted from 24-5-2017 to 27-5-2017 and the mop-up counselling on 30-5-2017. Therefore, two rounds of counselling and one mop-up counselling were done. True, it may be that the schedule was not strictly adhered to but as far as the second round of counselling was concerned, that was completed by 27-5-2017 and mop-up counselling was completed by 30-5-2017 i.e before 31-5-2017. Therefore, there is no ground why the extension should be granted.
68. As far as lowering of the standards and cut-off marks are concerned, notification in this regard was issued by the Medical Council of India on 24-5-2017 well before the last date i.e 31-5-2017. All the candidates and colleges should have been made aware about the lowering of the cut-off marks.
69. As far as the third contention is concerned, this Court in Ashish Ranjan v. Union of India has dealt with this issue and come to the conclusion that the order in Dar-Us-Slam case is not applicable to postgraduate courses and is applicable only to undergraduate courses. This Court rejected the contention that the order in Dar-Us-Slam or the letter of the Union of India dated 26-5-2017 are applicable to postgraduate courses. This Court held as follows: (See paras 62-63)
“62. We are, thus, of the considered view that order dated 9-5-2017 does not relate to admission into postgraduate courses and is confined to admission in undergraduate courses as noted above.
63. Coming to the circular issued by the Government of India, Ministry of Health and Family Welfare dated 26-5-2017, the said circular has been issued on the strength of the order of this Court dated 9-5-2017 in Dar-Us-Slam Educational Trust v. Medical Council of India. It appears that the said circular has been issued by the Government of India, Ministry of Health and Family Welfare in misconception that the order dated 9-5-2017 is applicable to the admission to the postgraduate courses. When the order dated 9-5-2017 is itself not applicable to postgraduate courses, the circular dated 26-5-2017 is not effective.”
70. Seats remain vacant in medical colleges for various reasons. Doctors are not willing to take admission in non-clinical courses especially in private colleges where fees are very high. In our view, the schedule must be strictly followed and we find no reason to extend the time.
71. The special leave petition is accordingly dismissed.