VERY IMPORTANT POINT
High Court was in error in directing mid-session medical admission. It is liable to be set aside subject to direction of Apex Court.

Headnote:Medical Admission-MBBS and Dental courses-Entrance test for the session 1997-1998-Respondent No. 1 qualified-Not selected for MBBS but offerred Dental course-After first counselling MBBS seats vacated by drop outs-Writ petition-High Court directing that all the vacant seats upto 4.12.1998 for session 1997-98 should be filled up from amongst the eligible candidates as enlisted in the merit list-Modified in LPA subject to any objection taken by Medical Council of India who was not a party-MCI made objections-Admissions cancelled by shifting back to BDS course-Set aside by High Court directing mid session admission -Appeal against to Supreme Court-Whether directions given by High Court are contrary to scheme of the Indian Medical Council Act, 1956 and Medical Council of India Regulation on Graduate Medical Education, 1977 Regulation 7(1) providing minimum period of study to qualify for degree-Withdrawal of recognition if any fault-Establishment of Medical College Regulations, 1999-Desirability of fixing a time limit for admission and stop any admission thereafter-Total duration of MBBS course 4½ years of semesters -Admission capacity beyond to be fixed from time to time by MCI-Admissions beyond prescribed limit and possibility of de-recognition-Case Law-Conclusions-Appeal allowed safeguarding admission of respondent 1.
       Held :There is, however, a necessity for specifically providing the time schedule for the course and fixing the period during which admissions can take place, making it clear that no admission can be granted after the scheduled date, which essentially should be the date for commencement of the course. (Para 26)
       In conclusion:
        (i) there is no scope for admitting students mid-stream as that would be against very spirit of statutes governing the medical education;
        (ii) even if, seats are unfilled that cannot be a ground for making mid session admissions;
        (iii) there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year;
        (iv) the MCI shall ensure that the examining bodies fix a time schedule specifying the duration of this course, the date of commencement of the course and the last date for admission,
        (v) different modalities for admission can be worked out and necessary steps like holding of examination if prescribed, counseling and the like have to be completed within the specified time;
        (vi) no variation of the schedule so far as admissions are concerned shall be allowed;
        (vii) in case of any deviation by the concerned institution, action as prescribed shall be taken by the MCI. (Para 27)
       Held consequently : The High Court was obviously in error in directing mid-session admission. The impugned order is, therefore, set aside. But as was earlier directed by this Court, the admission of respondent No 1 would not be affected by allowing the appeal. (Para 28)

JUDGMENT

Arijit Pasayat, J.-This appeal filed by the Medical Council of India (in short the MCI ) raises important questions regarding desirability of belated admissions to medical colleges in different courses, both pre-graduate and post-graduate. The questions assume importance because filing a large number of petitions before various High Courts and this Court has become an annual feature. When time of admission to medical courses arrives, immediately comes to mind Shakespeares Othello, where it was written "Chaos is come again". Inevitable result is that considerable time is lost by candidates chasing vires instead of virus. This Court in Convenor, MBBS/BDS Selection Board and Ors. v. Chandan Mishra and Ors. [1995 Supp. (3) SCC 77] observed as follows:

".........The learned Judges of the High Court, if we may say so in a well-considered opinion expressed their anguish at the insensitivity of the authorities administering medical admission in the State to the need to prevent occasions for repetitive grievances from the student community and had occasion to observe:

"Shakespeare in Othello has written "Chaos is come again". This Court has witnessed chaos almost annually when time for admission to MBBS/BDS courses came...."

2. Factual position leading to the appeal, which is almost undisputed, needs to be noted in some detail.

3. For admission into the MBBS course relating to the session 1997-98, combined entrance competitive examination was held in the State of Bihar on 3.8.1997. The examination was conducted by the Bihar Combined Entrance Competitive Examination Board (in short the Board ). A combined merit list for the MBBS course and BDS course was published on 7.10.1997 for the aforesaid session. Respondent No.1 was one of the candidates who appeared at the said examination. She was, however, not selected for the MBBS course, but she was given option to join the Dental Course. She accepted the option given and she was admitted. Her serial number was 4 in the general category. After the first counseling which was held between the period 26.12.1997 to 31.12.1997, certain seats fell vacant. The Board decided not to fill up such vacancies, which primarily occurred on account of selected candidates abandoning the course or not taking admission. According to the Board, the approach was necessary to maintain the academic calendar and prevent mid-stream admissions. The admissions for the session 1997-98 were completed by the end of January 1998. Two students who were admitted to the Dental Course like respondent No.1 filed a Writ Petition before the High Court of Judicature at Patna (CWJC No. 5590/98), inter alia, praying for a direction to the Controller of Examination to admit them against the vacant seats in MBBS course. The petition was filed on the ground that second counseling was not done and seats were lying vacant after the first counseling. By order dated 4.12.1998, the Patna High Court directed the Controller of Examination to admit the writ petitioners as per the merit list and as per their choice against the four vacancies existing due to non-joining of students, within a period of fortnight from the date of the order. Five more students filed a Writ Petition (CWJC No. 11681/98) making identical prayers as were made in the other writ petition. By order dated 10.3.1999, the High Court directed that all the vacant seats upto 4.12.1998 for the session 1997-98 should be filled up from amongst the eligible candidates as enlisted in the merit list.

4. In Letters Patent Appeal (LPA 439/99) filed by the Controller of Examination, a Division Bench upheld the order dated 10.3.1999. However, certain modifications were made in the directions. It was observed that if any objection was taken by the MCI to the admissions in MBBS course, such decision should be given binding effect.

5. It is of relevance to note that the MCI was not a party in the aforesaid writ applications and LPA. The Controller of Examination vide its letter date

Click Here to Read the rest of this document

2002 Supreme(SC) 909

VERY IMPORTANT POINTHigh Court was in error in directing mid-session medical admission. It is liable to be set aside subject to direction of Apex Court.

Cases Referred (8)

VERY IMPORTANT POINT
High Court was in error in directing mid-session medical admission. It is liable to be set aside subject to direction of Apex Court.