SUPREME COURT OF INDIA
S.C. AGRAWAL AND S. MOHAN, JJ.
Sharwan Kumar and etc. etc., Petitioners
Versus
Director General of Health Services and another etc., Respondents.
Writ Petns. (Civil) Nos. 443, 458, 510 with 557 of 1992 with 48, 133, 135, 144, 153, 154, 37, 181, 333, 176 and 161 of 1993 (Contempt Petns. Nos. 255 and 296 of 1992 in W.P. (C) No. 443 of 1992), D/-30-4-1993.
MBBS course - Seat allotted - Eligibility certificate - Petitioner was allotted a seat in MBBS course against All-India quota for year in B. J. Medical College, by Director-General of Health Services by a letter dated - Petitioner was required to report to the Director, Medical Education, Govt. of Gujarat on or before for admission to MBBS course. In accordance with said direction petitioner deposited the fees for admission at B. J. Medical College, on after obtaining eligibility certificate from Registrar - Learned counsel for petitioner - Learned counsel for the respondent, Court are of view that the withdrawal of eligibility certificate that was issued to the petitioner cannot be upheld and the cancellation of admission of the petitioner to MBBS course on that basis must be quashed - Petitioners in these writ petitions have been selected for admission to MBBS/BDS course against All-India quota for year and they were allotted seats in medical colleges in State – Held, Dean/ Principal of the College shall notify to Director-General of Health Services, by vacancy position due to non-joining of a candidate/ candidates allotted seat/seats in the first round - In case the vacancy position is not communicated by September 5 seats allotted to college will be treated as vacant and allotment of candidates will be made against these deemed to be vacant seats and it shall be responsibility of Dean/ Principal of concerned college to give admission to those candidates - Candidates who were allotted a seat in first round and who desire to change their allotted college/ course for vacancies arising due to non-joining of allotted candidates will have to apply to DGHS in writing by registered post - Their applications, duly forwarded by Principal/ Dean of te allotted colleges should reach DGHS by registered post on or before - They will have to give an undertaking that their earlier allotment will stand cancelled and seat will be vacated by them in case change is made to them - Venue for this allotment process - In subsequent years it may be extended to four metropolitan cities by linking venue in these four cities to mother computer, located in Delhi through Satellite - As and when linkage of four metropolitan cities becomes successful, network will be spread to other State Capitals also - Order accordingly.
ORDER:- In W.P. (C) No. 176/93. In pursuance of the order passed by this Court on December 11, 1992 in W.P. No. 443 of 1992, etc., the petitioner was allotted a seat in MBBS course against the All-India quota for the year 1991 in B. J. Medical College, Ahmedabad by the Director-General of Health Services by a letter dated December 18, 1992. The petitioner was required to report to the Director, Medical Education, Govt. of Gujarat, Ahmedabad on or before January 4, 1993 for admission to the MBBS course. In accordance with the said direction the petitioner deposited the fees for admission at B. J. Medical College, Ahmedabad on January 2, 1993, after obtaining the eligibility certificate from the Registrar, Gujarat University. The grievance of the petitioner is that eligibility certificate has been withdrawn by letter dated January 15, 1993 which was received much later by the petitioner and on that basis the admission of the petitioner to the MBBS course has been cancelled.
2. Having heard learned counsel for the petitioner and Shri S. K. Dholakia, the learned counsel for the respondent, we are of the view that the withdrawal of the eligibility certificate that was issued to the petitioner cannot be upheld and the cancellation of admission of the petitioner to the MBBS course on that basis must be quashed.
3. The writ petition is, therefore, allowed and impugned order of withdrawal of the eligibility certificate granted to the petitioner and the consequent cancellation of his admission to the MBBS course in B. J. Medical college, Ahmedabad quashed and it is directed that the petitioner shall be given admission to the MBBS course in B. J. Medical College, Ahmedabad on his reporting to the Principal of the said college on or before May 10, 1993. As regards the attendance of the classes and examinations, the petitioner will have to abide by the directions that are given by the college authorities in that regard. No order as to costs.
In W. P. (Civil) Nos. 181/ 93 and 37/ 93
4. We have heard learned counsel for the petitioner. We do not find any merit in these writ petitions. These writ petitions are accordingly dismissed.
In W. P. (Civil) Nos. 133, 135, 161,
144 and 153/93
5. The petitioners in these writ petitions have been selected for admission to the MBBS/BDS course against the All-India quota for the year 1992 and they were allotted seats in the medical colleges in the State of Gujarat. They were being denied admission by the colleges on the ground that the Gujarat University, respondent No. 2 had refused to grant the eligibility certificate. On the basis of the interim direction given by this Court the petitioners have been given admission to the courses.
6. Shri Dholakia, the learned counsel for University, has urged that in view of the-lapse of time since the commencement of the course of study these admissions should be relatable to the quota for the year 1993. We are unable to agree with this submission. It is, therefore, directed that admissions of these petitioners should be treated against the All-India quota for the year 1992. The petitioners will, however, have to abide by the directions that are given by the college authorities with regard to attendance of classes and examinations in the respective colleges.
7. The writ petitions will stand disposed of accordingly.
In W. P. (Civil) Nos. 443, 458, 510
and 557 of 1992
8. In our order dated August 14, 1992*, we have taken note, of the criticism that the existing process of allotment of candidates to the various colleges for admission to MBBS/ BDS courses against the 15% All-India quota is inordinately protracted and selection process does not conclude till February of the year following the one for which admissions are intended and made, and have observed that time is ripe to evolve an appropriate procedure so that at least from 1992 onwards the whole procedure could be completed within a reasonable time frame, say, before 30th October each year. Since the process for selection
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