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SUPREME COURT OF INDIA
L. Nageswara Rao, Hemant Gupta, JJ.
National Medical Commission – Appellant(s)
Versus
Mothukuru Sriyah Koumudi & Ors. – Respondent(s)
Civil Appeal No. 3940 of 2020
Decided on : 07-12-2020
Education – Admission – MS (General Surgery) Course – Creation of additional seat – Respondent No.1 was provisionally granted admission to MS (General Surgery) Course in Respondent No.2- College on the basis of her merit in NEET PG Examination – Directions cannot be issued for increasing annual intake capacity and to create seats – Annual intake capacity is fixed by Medical Council of India (now National Medical Commission) which has to be strictly adhered – Admissions to Medical Colleges cannot be permitted to be made beyond sanctioned annual intake capacity of a medical college – There is no reason to believe that Respondent No.1 did not approach Respondent No. 2-College for admission, especially after paying University Fee – In case of refusal by Respondent No.1 to join, it was incumbent upon Respondent No.2-College to have followed merit list and offered seat to doctors who were immediately ranked below Respondent No.1 – Managements of Medical Colleges are not expected to indulge in such illegalities in making admissions to Medical Courses – Respondent No.1 is entitled for admission to MS (General Surgery) course in next academic year 2021-22 and shall be given admission in a seat allocated to Respondent No.2-College. (Paras 7, 8, 9 and 12)
Facts of the case:
Aggrieved by the denial of admission to 1st year Post-Graduate Medical Specialty course of MS (General Surgery) for the academic year 2020-2021, Respondent No.1 filed a Writ Petition in the High Court of Judicature at Hyderabad for the State of Telangana. High Court allowed the Writ Petition and directed Appellant-National Medical Commission/ Medical Council of India to create or sanction one seat in MS (General Surgery). A further direction was given to Respondent No.2- Kamineni Academy of Medical Sciences and Research Centre, Hyderabad to grant admission to Respondent No. 1 in MS (General Surgery) course. The judgment of the High Court is challenged in present Appeal. Question that arises for our consideration is whether the High Court was right in directing creation of a seat for this academic year for granting admission to Respondent No.1.
Findings of Court:
In case of refusal by Respondent No.1 to join, it was incumbent upon Respondent No.2-College to have followed the merit list and offered the seat to doctors who were immediately ranked below Respondent No.1. The manner in which Respondent No.2-College acted in depriving admission to Respondent No.1 and giving admission to Respondent No.5 on 11.08.2020 is deplorable. The Managements of Medical Colleges are not expected to indulge in such illegalities in making admissions to Medical Courses.
Result : Appeal disposed of with directions.
JUDGMENT
L. Nageswara Rao, J.
Aggrieved by the denial of admission to 1st year Post-Graduate Medical Specialty course of MS (General Surgery) for the academic year 2020-2021, the Respondent No.1 filed a Writ Petition in the High Court of Judicature at Hyderabad for the State of Telangana. The High Court allowed the Writ Petition and directed the Appellant-National Medical Commission/ Medical Council of India to create or sanction one seat in MS (General Surgery). A further direction was given to Respondent No.2- Kamineni Academy of Medical Sciences and Research Centre, Hyderabad to grant admission to the Respondent No. 1 in MS (General Surgery) course. The judgment of the High Court is challenged in the above Appeal.
2. The Respondent No.1 passed the final year MBBS Examination in January, 2019. She completed the one-year Compulsory Rotary Internship as a Resident Intern from 28.03.2019 to 27.03.2020 at Malla Reddy Narayana Multispecialty Hospital. Thereafter, she was awarded Bachelor of Medicine and Bachelor of Surgery Degree on 11.06.2020. In the meanwhile, she appeared in the All-India National Eligibility-cum-Entrance Test (NEET) Medical PG Entrance examination, 2020 on 05.01.2020. She secured All India Rank-93563 with 327 marks in the NEET examination for admission into Post Graduation Medical Course. The Respondent No.1 was called for counselling and was given provisional admission to the MS (General Surgery) course in the Mop-up Phase (MQ)-P3 on 28.07.2020 and was allotted to the Respondent No.2- College under Management Quota. According to the provisional allotment order, Respondent No.1 was required to report before the Principal of Respondent No.2-College by 04:00 PM on 30.07.2020. In case of failure to report before Respondent No.2-College within the prescribed time, the provisional selection of Respondent No. 1 shall be automatically cancelled. According to Respondent No.1, she approached Respondent No.2-College along with her father on 29.07.2020 and 30.07.2020 for submission of certificates and payment of tuition fees as well as college fees. In spite of her presence in Respondent No. 2-College, the admission of Respondent No.1 was not completed. On 30.07.2020, the last date for admission into PG Medical Courses was extended till 30.08.2020 pursuant to the directions issued by this Court. Respondent No.1 made an attempt to meet the Chairman of Respondent No.2-College on 07.08.2020. However, she was not permitted to meet the Chairman.
3. Having left with no other alternative, Respondent No.1 filed a Writ Petition for seeking a declaration that denial of admission to her in the PG Medical Course for the academic year 2020-2021 as illegal. Respondent No. 1 also sought a direction to Respondent No.2-College to grant admission in MS (General Surgery). Respondent No.2-College filed a counter in the Writ Petition in which it was stated that the University constituted a Committee for verification of original certificates and students who were allotted provisional admission by the University were directed to approach the said Committee for the purpose of verification of original certificates. Respondent No.2-College denied that Respondent No.1 approached the College for admission on 29.07.2020 or 30.07.2020. In the next sentence the Respondent No.2-College averred that Respondent No.1 and her father visited the College on 29.07.2020 only for the purpose of enquiring about the admission procedure and the requisite fee. As Respondent No.1 did not avail the opportunity of admission, Respondent No.1-College contended that Respondent No.5 was given admission on 11.08.2020.
4. By its judgment dated 18.09.2020, a Division Bench of the High Court allowed the Writ Petition and directed the Appellant to create a seat in MS (General Surgery) and to grant admission to Respondent No.1. The High Court disbelieved the statement of Respondent No.2-College that Respondent No.1 did not approach the College either on 29.07.2020 or 30.07.2020. Th
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