1. Petition challenging the dismissal of a request to extend the admission deadline for postgraduate and superspeciality medical and dental courses. (Para 1 )
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2017 Supreme(SC) 585
SUPREME COURT OF INDIA
PRAFULLA C. PANT, DEEPAK GUPTA, JJ.
ASSOCIATION OF PRIVATE MEDICAL AND DENTAL COLLEGES OF CHHATTISGARH – PETITIONER
VERSUS
STATE OF CHHATTISGARH AND ORS. – RESPONDENTS
SPECIAL LEAVE PETTION (C) NO. 16282 OF 2017
Decided On : 13-06-2017
Important Points
IMPORTANT POINT
When admission procedures are completed within the laid down time frame, there is no question of extension of time.
When admission procedures are completed within the laid down time frame, there is no question of extension of time.
Subject
Education Law - Medical Education
Headnote
(a) Medical Education – Admission – Post graduate medical courses – First and second round as well as mop up counseling conducted within time frame directed by Supreme Court – No ground for granting extension. (Para 4)
WP (C) No. 76/2015 – Relied upon
WP (C) No. 267/2017 – Distinguished
(b) Medical Education – Admission – Post graduate medical courses – Cut off marks – MCI issuing cut off marks well before the last date – All students and colleges should have been made aware about lowering of cut off marks. (Para 5)
Facts of the case:
This case concerns admission to post graduate medical courses.
Finding of the Court:
Grounds taken for extension of time are not tenable.
Result: SLP dismissed.
Legal Category Hierarchy
Table of Contents
2. Alleged failure to conduct timely counselling, inadequate publicity regarding cut-off marks, non-compliance with specific precedents for candidate lists, and wastage of vacant seats. (Para 2 )
3. Counselling rounds were completed before the deadline; cut-off notifications were issued timely; certain precedents regarding candidate lists apply only to undergraduate courses. (Para 4 , 5 , 6 )
4. Admission schedules for medical courses must be strictly followed to maintain education standards, and undergraduate admission precedents do not apply to postgraduate courses. (Para 3 , 6 , 7 )
5. Special leave petition dismissed. (Para 8 )
6. Does the Dar-us-Slam case precedent regarding eligible candidate lists apply to postgraduate medical courses?
No, the court held that the order in the Dar-us-Slam case and subsequent government circulars are applicable only to undergraduate courses and not to postgraduate courses. (Para 6 )
7. Can the admission deadline for medical courses be extended if the state deviates from the prescribed counselling schedule but completes it by the final date?
No. If the counselling rounds and mop-up are completed before the final deadline, there is no ground for granting an extension, as the schedule must be strictly followed to maintain education standards. (Para 3 , 4 , 7 )
8. Does the existence of vacant seats in medical colleges justify an extension of the admission deadline?
No. The court observed that seats remain vacant for various reasons, such as lack of interest in non-clinical courses or high fees, but this does not justify deviating from the strict admission schedule. (Para 7 )
JUDGMENT
DEEPAK GUPTA, J.
1. This petition is directed against the judgment and order passed by the High Court of Chhattisgarh whereby the petition filed by the petitioner for extending time for carrying out admissions to post graduate and superspeciality courses in Medical and Dental Colleges in the State of Chhattisgarh was dismissed.
2. The main contention raised on behalf of the petitioner is that the State did not conduct the counselling within time; the State did not give proper publicity to the reduction of the cut-off marks for admission to Post Graduate Courses; the State did not send the list of eligible candidates as per the judgment in Dar-us-Slam Educational Trust and Ors. v. MCI and Ors. [WP (C) No. 267/2017]. Lastly, it is contended that a large number of seats are lying vacant which will result in wastage of seats.
3. In Ashish Ranjan & Ors. v. Union of India & Ors. [WP (C) No. 76/2015], this Court laid down a schedule to be followed for admission to medical colleges. This schedule, as approved by this Court, must be followed to ensure that medical education standards are not lowered as per the schedule laid down in Ashish Ranjan case (supra). The 1st round of counselling was to be completed from 9th to 10th May 2017. The 2nd round of counselling was to be completed from 11th to 20th May, 2017 and last date for admission is 31st May, 2017. All the States have followed the system of mop-up counselling which had to be done before 31st May, 2017. As far as the State of Chhattisgarh is concerned, the 1st round of counselling was conducted during the period 16th to 22nd May, 2017; the second round of counseling was conducted from 24th to 27th May, 2017 and the mop-up counselling on 30th May, 2017.
4. Therefore, two rounds of counselling and one mop-up counselling were done. True, it may be that the schedule was not strictlyadhered to but as far as the 2nd round of counselling was concerned that was completed by 27th May, 2017 and mop-up counselling was completed by 30th May, 2017 i.e. before 31st May, 2017. Therefore, there is no ground why the extension should be granted.
5. As far as lowering of the standards and cut-off marks are concerned, notification in this regard was issued by the Medical Council of India on 24th May, 2017 well before the last date i.e. 31st May, 2017. All the candidates and colleges should have been made aware about the lowering of the cut off marks.
6. As far as the third contention is concerned, this Court in I.A. Nos. 45538, 45540 and 45542 of 2017 with I.A. Nos. 45855, 45856 and 45859 of 2017 in Writ Petition (Civil) No. 76 of 2016, Ashish Ranjan and Ors. v. Union of India and Ors. has dealt with this issue and come to the conclusion that the order in Dar-us-Slam case (supra) is not applicable to post graduate courses and is applicable only to under graduate courses. This Court rejected the contention that the order in Dar-ul-Slam (supra) or the letter of the Union of India dated 26.05.2017 are applicable to post-graduate courses. This Court held as follows:
“22.We are, thus, of the considered view that order dated 09.05.2017 does not relate to admission into Post-graduate courses and is confined to admission in Under-graduate courses as noted above.
23. Coming to circular issued by the Government of India, Ministry of Health and Family Welfare dated 26th May, 2017, the said circular has been issued on the strength of the order of this Court dated 09.05.2017 in Writ Petition (C) No. 267 of 2017. It appears that the said circular has been issued by the Government of India, Ministry of Health and Family Welfare in misconception that order dated 09.05.2017 is applicable to the admission to the Post-graduate courses. When the order dated 09.05.2017 is itself not applicable to Post-graduate courses, circular dated 26.05.2017 is not effective.”
7. Seats remain vacant in Medical Colleges for various reasons. Doctors are not willing to take admission in non-clinical courses especially in private c
