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IN THE SUPREME COURT OF INDIA
A.K. Patnaik and Swatanter Kumar, JJ.
Priya Gupta
Vs.
State of Chhatishgarh and Ors.
Civil Appeal No. 4318 of 2012 (Arising out of SLP (C) No. 27089 of 2011) and Civil Appeal No. 4319 of 2012 (Arising out of SLP (C) No. 29306 of 2011)
Decided On: 08.05.2012
(2002) 8 SCC 481; (1984) 3 SCC 654; (1985) 3 SCC 542; (1987) 4 SCC 459; (1990) 4 SCC 627; (1993) 3 SCC 332; (2005) 2 SCC 65; (2011) 4 SCC 623; (1990) 4 SCC 624; (2002) 7 SCC 258; (2003) 7 SCC 83; (2004) 11 SCC 755; (2011) 3 SCC 617; (2003) 8 SCC 69 – Relied upon
(b) Medical education – Time schedule – Part of judgments the Supreme Court – Law of the land under Article 141 – Schedules also part of MCI Regulations – Have the force of law – As such binding on all concerned. (Para 27)
(c) Medical education – Court consistently and time and again warning against violation of MCI regulations and the time schedules – Vested interests and motivated persons at work – Among many adverse results, one is increasing litigation – Binding dicta is the need of the hour – Directions issued in rem. (Para 28 to 30)
(2001) 8 SCC 355; (1994) 2 SCC 370 – Relied upon
(d) Medical education – Admission – Directions issued – Consequences of violation – Stated. (Para 31)
(e) Medical education – Admission – Admission granted to appellants by violating the Regulations, fraud and favouritism – All stake holders are at fault – Appellants are also not clean having availed the admission knowing fully well that they were not eligible – However during the course of litigation and because of interim orders of courts, appellants continued pursuing their studies and have already taken final examination – Balancing equities by Court itself is inequitable – Appellants allowed to complete their studies subject to payment of Rs.5 lacs to the College to be utilized for developing the infrastructure. (Para 48, 49, 50)
(1987) 4 SCC 537; (2006) 9 SCC 597; (2004) 2 SCC 105; (2011) 3 SCC 617 – Relied upon
Facts of the case:
The Department of Medical and Family Welfare, Government of Chhattisgarh, cancelled the admission granted to Akansha Adile and Priya Gupta in the MBBS course for the academic year 2006-07 in the Government NMDC Medical College, Jagdalpur (for short, the Jagdalpur College) with immediate effect.
Both the students challenged the legality and correctness of this action in separate writ petitions under Article 226 of the Constitution of India. The High Court declined to interfere.
Finding of the Court:
There is urgent need to curb the practice of violating MCI Regulations with impunity.
Result: Appeals disposed of. Directions issued. Order of initiation of contempt proceedings against all the defaulting parties under the provisions of Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India also issued. Exemplary cost imposed on appellants.
JUDGMENT
Swatanter Kumar, J.
1. Leave granted.
2. The Department of Medical and Family Welfare, Government of Chhattisgarh, vide its letter dated 10th September, 2010 cancelled the admission granted to Akansha Adile and Priya Gupta in the MBBS course for the academic year 2006-07 in the Government NMDC Medical College, Jagdalpur (for short, the Jagdalpur College) with immediate effect.
3. Aggrieved by this order of the Government, both the students challenged the legality and correctness of this action in separate writ petitions under Article 226 of the Constitution of India. The High Court, vide its judgment dated 9th August, 2011, held that admission to these Petitioners had been given ignoring more meritorious and suitable candidates, which amounted to violation of natural justice to such other candidates and declined to interfere in the impugned order dated 10th September 2010, hence giving rise to the present appeals. The Appellants had appeared in the Pre-Medical Test conducted by the State of Chhattisgarh for the academic year 2006. The results were declared in July 2006 and Appellant No. 1, Priya Gupta, secured general rank 1614 while Appellant No. 2, Akansha Adile, secured general rank 3893. As the latter belonged to the Scheduled Caste category, her rank in that category was 396. This entrance exam was conducted by the State as per the notification of the State Government dated 8th March, 2006 under the 'Chhattishgarh Medical and Dental Graduate Examination Rules, 2006' (Chhatisgarh Chikitsha Tatha Dant Chikitsha Snatak Pravesh Pariksha Niyam, 2006) (for short, 'the Rules'). These Rules provided for allocation of seats and reservation, the process for admission to the vacant seats, selection procedure as well as cancellation of admission and the matters incidental thereto.
4. The State Government, vide its letter dated 14th August, 2006, had granted permission for the starting of admission procedure for the academic year 2006-07 at the Jagdalpur College. The annual admission capacity was 50 seats which were to be filled up by the candidates who had qualified PMT 2006 in the order of their merit.
5. The first counseling was held on 21-22nd July, 2006 but obviously, at that time, the Jagdalpur College had not been given permission to commence admission to the MBBS course. The counseling was conducted for medical colleges at Raipur and Bilaspur and also for the Raipur Dental College. 18 per cent of seats were to be reserved for allotment under the All India Quota and the Central Pool quota. However, the State Government vide letter dated 21st August, 2006 is stated to have informed the Jagdalpur College that two seats out of the total seats were reserved for allotment under the Central Pool Quota and no seats were reserved under All India Quota. Upon receipt of recognition, only 48 seats were offered for admission to the students on 22nd - 23rd August, 2006. The Central Pool Quota seats were not filled up and were allegedly not made available to the candidates who appeared for that counseling. The Dean of Jagdalpur College informed the Director, Medical Education, State of Chhattisgarh on 30th September, 2006 that on that date, 48 candidates had taken admission and two seats were lying vacant. This information was sent in response to inquiry by the Director, Medical Education in this regard and directions were sought by the Jagdalpur College for filling up of vacant seats. On the same day, the Director, Medical Education, directed that the seats should be filled from the merit list and the candidates could be contacted on telephone. If contact was not possible, admission could be given to the candidates who were available in the Jagdalpur College. On 30th September, 2006 itself, the two vacant seats were given to the available candidates, who are the Appellants herein.
6. As already noticed, the Jagdalpur College was granted permission for starting the academic procedure for the session 2006-2007 by the Government of Chhattisg
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