IMPORTANT POINT
Even if Medical Seats are unfilled in the Scheme framed by Apex Court in Sushil Kumar s case, 1993(3) SCC 332, that cannot be a ground for adopting one more round of counselling under the Scheme.

Headnote:Medical Education-Scheme framed by Supreme Court prescribing the procedure to complete the process of allotment of 15% of All India Quota for admission to MBBS/BDS courses in various colleges in the country by 7th August each year-Out of 1800 seats 200 seats unfilled-Writ petitions for making one more round of counselling for making mid session admissions-Whether be permitted? (No)-Writ petitions dismissed-(Constitution of India-Articles 14 and 32).
Held : When detailed scheme has been framed through orders of this Court and the manner in which it has to be worked out is also indicated therein, we do not think that if in a particular year there is any short fall or certain number of seats are not filled up, the same should be done by adopting one more round of counselling because there is no scope for the third round of counselling under the Scheme. It would not be advisable to go on altering the scheme as and when seats are vacant. What is to be borne in mind is that broad equality will have to be achieved and not that it should result in any mathematical exactitude. Out of about 1600 seats, if 200 seats are not filled up for various reasons and such not filled up seats were much less in the earlier years, we do not think it should result in the third round of counselling. If that process is to be adopted then there will be again vacancies and further filling up of the seats falling vacant will have to be undertaken. In that process, it will become endless until all the seats under the All-India Quota are filled up. That is not the object of the Scheme formulated by this Court. The object was to achieve a broad based equality as indicated by us at the outset and we do not think that any steps have to be taken for altering the Scheme. We have taken identical view in the decision in Writ Petition (Civil) No. 407 of 2001 (Ms. Neelu Arora & Anr. vs. Union of India & Ors.) and connected matters disposed of on 24.01.2003. Moreover, this Court in Medical Council of India vs. Madhu Singh & Ors., 2002 (7) SCC 258, has taken the view that there is no scope for admitting students midstream as that would be against the very spirit of statutes governing medical education. Even if seats are unfilled that cannot be a ground for making mid-session admissions and there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year. If these aspects are borne in mind we do not think any reliefs as sought for by the petitioners can be granted under these petitions. These writ petitions shall stand dismissed. (Para 7)

JUDGMENT

Rajendra Babu, J.-These petitions are offshoot of a Scheme framed by this Court in Sharwan Kumar, etc. etc. vs. Director General of Health Services & Anr. etc. etc., 1993 (3) SCC 332, prescribing the procedure to complete the process of allotment of 15 per cent of All- India quota for admission to MBBS/BDS courses in various colleges in the country by September [now changed to 7th August] each year. The said Scheme was modified pursuant to an order made in I.A. No. 10 of 2000 in WP (C) No. 443 of 1992 and the date fixed, as stood altered, as indicated therein and the last date for receipt of vacancy position is fixed as 7th August of each year and the IInd round of counselling is proposed to be taken between the period from 18th July to 24th July of each year.

2. Now in these petitions, it is contended that selection or counselling has not been done in some States and therefore, they would not take full advantage of IInd round of counselling. The details are set forth as under:

(a) The date of the PMT in Punjab has been altered from 23rd June to 21st July, 2002.

(b) The States of Haryana and Uttar Pradesh have only conducted their PMT on 30th June, 2002.

(c) In the State of Karnataka - the counselling sessions for the Karnataka quota will commence on the 31st of August and the counselling sessions for the non-Karnataka quota will commence on 11th September, 2002.

(d) In the State of Rajasthan, the results of the PMT were declared on 26th June, 2002. However, no counselling schedule has been declared so far.

(e) In the State of Bihar, the date of the PMT had been shifted from 9th June to 11th July, 2002.

(f) In the State of Jharkhand, the date of the pre-entrance test for screening has been fixed at 7th July, 2002 and no date has been fixed for the main entrance text i.e. the PMT.

(g) In the State of West Bengal, no date has been announced vis-a-vis the counselling sessions.

(h) In the State of New Delhi, the DPMT was conducted on 18th May, 2002 and the date of the counselling is scheduled to be held on 16th and 17th July, 2002.

(i) In the States of Gujarat and Himachal Pradrsh, they have not conducted the PMT yet.

(j) Vis-a-vis All India All India Institute of Medical Sciences, the test was conducted on 1st June, 2002 and the counselling is scheduled to be held on 29th July, 2002.

3. It is submitted that the candidates from these States who have been allotted seats in the first round of allotment may not have been given the course or college or place of their choice and in case later on they get the allotment of their choice under the State quota, then they will vacate the seat allotted to them under the All-India Quota. Hence they apprehend that more than 700 seats will full vacant once the counselling is conducted in the aforesaid States. Therefore, it is submitted that a IIIrd round of counselling is required to be held in the special features of the case and that the vacant seats, if any, should arise in the 15 per cent All-India Quota seats should not be allowed to revert back to the States/Colleges after 7th August, 2002 and that instead of successful and meritorious candidates in the All-India Quota should be allotted these seats and pass such other orders as may be necessary.

4. This Court in Dr. Pradeep Jain & Ors., etc. etc. vs. Union of India & Ors., etc. etc., 1984 (3) SCC 654 and Dr. Dinesh Kumar & Ors. vs. Motilal Nehru Medical College & Ors., 1986 (3) SCC 727, while disapproving of the total reservation on different scores in regard to admission of students in medical courses such as MBBS and post-graduate specialities, stated that "the very mandate of the equality clause viewed in the perspective of social justice would justify some extent of reservation preferences for students passing the qualifying examination". The primary

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2003 Supreme(SC) 94

IMPORTANT POINTEven if Medical Seats are unfilled in the Scheme framed by Apex Court in Sushil Kumar s case, 1993(3) SCC 332, that cannot be a ground for adopting one more round of counselling under the Scheme.

Cases Referred (4)

IMPORTANT POINT
Even if Medical Seats are unfilled in the Scheme framed by Apex Court in Sushil Kumar s case, 1993(3) SCC 332, that cannot be a ground for adopting one more round of counselling under the Scheme.