The Supreme Court has the power to modify its earlier directions in the interest of justice, taking into account the practical difficulties faced by the parties.

Headnote:
MEDICAL ADMISSION - COMMON ENTRANCE EXAMINATION - MODIFICATION OF DIRECTION - NORMALISATION PROCESS - ADMISSION TO MEDICAL COLLEGES - MAHARASHTRA UNIVERSITY ACT, 1994 - SECTION 65 - REGULATIONS ON GRADUATE MEDICAL EDUCATION, 1997 - REGULATION 5 - MAHARASHTRA ORDINANCE NO. 8 OF 1998 - MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES - BIRLA INSTITUTE OF SCIENCE AND TECHNICAL EDUCATION, PILANI.
Fact of the Case:

The State of Maharashtra sought modification of the Supreme Court's direction to hold a common entrance examination for admission to medical colleges in the state for the 1998 academic session. The state argued that it needed more time to frame rules and establish the Maharashtra University of Health Sciences, which would conduct the examination. The petitioners in the writ petitions and review petition opposed the modification.
Finding of the Court:

The Supreme Court allowed the modification of its earlier direction and permitted the State of Maharashtra to proceed with admission to medical/dental colleges in the state for the 1998 academic session based on the marks secured in the qualifying examination. However, the court directed the state to follow the normalisation process adopted by the Birla Institute of Science and Technical Education, Pilani for comparative assessment of the merit of students from different boards.
Issues: 1. Whether the Supreme Court should modify its earlier direction to hold a common entrance examination for admission to medical colleges in Maharashtra for the 1998 academic session. 2. Whether the State of Maharashtra could proceed with admission based on marks secured in the qualifying examination.
Ratio Decidendi: The Supreme Court held that it was appropriate to permit the State of Maharashtra to proceed with admission to medical/dental colleges in the state for the 1998 academic session in accordance with the system which was being followed by the Government of Maharashtra till now, namely, on the basis of marks secured in the qualifying examination subject to the condition that for the purpose of making a comparative assessment of the merit of the students who have passed the qualifying examination by different Boards, the State Government shall follow the normalisation process as adopted by the Birla Institute of Science and Technical Education, Pilani for such comparative assessment.
Final Decision: The Supreme Court allowed the application for modification and directed the State of Maharashtra to follow the normalisation process for comparative assessment of the merit of students from different boards. The court also dismissed the contempt petition and the writ petitions and review petition.

ORDER

1. Application for impleadment is allowed.

2. The learned counsel appearing for the petitioners seek leave to withdraw the applications seeking permission to file review petitions. The applications are dismissed as withdrawn.

Review Petition (C) No. 992 of 1998

3. By this review petition, the petitioner, viz., State of Maharashtra is seeking modification of the direction contained in the judgment of this Court dated 27-2-1998 passed in Ravindra Kumar Rai v. State of Maharashtra ((1998) 3 SCC 183). It is, therefore, directed that it should be treated as an application for modification instead of being treated as a review petition.

4. By our judgment dated 27-2-1998 in Ravindra Kumar Rai ((1998) 3 SCC 183) we had directed the respondents in the writ petition to hold a common entrance examination for the purpose of making selection for admission to medical colleges in the State of Maharashtra having regard to the provisions contained in Regulation 5 of the Regulations on Graduate Medical Education, 1997 framed by the Medical Council of India. It was directed that the State of Maharashtra and its Medical Education Department shall start the process for holding the common entrance examination for admission to colleges in Maharashtra for Session 1998-99 and conduct the said examination in accordance with the Regulation on Graduate Medical Education, 1997 made by the Medical Council of India.

5. On 19-3-1998, this application was submitted on behalf of the State of Maharashtra. In the application, it is prayed that implementation of the judgment of this Court be allowed to be done from Academic Year 1999 instead of 1998 in the interest of justice. It is stated that in order to hold a common entrance examination, it is necessary to frame rules and under Section 65 of the Maharashtra University Act, 1994 it is incumbent that the model rules should be published at least six months before the start of any academic session which shall begin not later than first of August every year, which means that the rules for holding the common entrance examination for 1998 academic session which would have started in June 1998 were required to be framed sometime in December 1997 or January 1998 and that in the absence of rules framed in accordance with Section 65 of the Maharashtra University Act, 1994, the common entrance examination for Academic Session 1998 cannot be held.

6. In support of the application, Shri T. R. Andhyarujina, the learned Senior Counsel appearing for the State of Maharashtra, has pointed out that by Maharashtra Ordinance No. 8 of 1998 promulgated by the Governor of Maharashtra on 3-6-1998, Maharashtra University of Health Sciences has been established and the said University has been entrusted with the task of controlling and regulating admission of students for various courses of study conducted in university departments and affiliated colleges/institutions/schools and recognised institutions. It is submitted that the said University will be conducting the common entrance examination for the various courses, including the courses in medical colleges and dental colleges in the State of Maharashtra. But it will take some time for the said University to make the necessary arrangements for conducting the common entrance examination. It has also been pointed out that out of the three Boards which impart education up to the higher secondary (10+2) level in the State of Maharashtra, applications for admission to medical/dental colleges have been received from students who have passed the higher secondary examination conducted by the Maharashtra Higher Secondary Examination Board and the Central Board of Secondary Education (CBSE) and no student who has obtained the higher secondary qualification from the ISC Board has submitted an application. It has been further submitted that out of 19,865 applications which have been received, the number of applicants who have qualified from the CBSE is only 110. It is, therefore, prayed th

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1998 Supreme(SC) 693

The Supreme Court has the power to modify its earlier directions in the interest of justice, taking into account the practical difficulties faced by the parties.

Cases Referred (1)