1. Medical college admitted students independently in violation of centralized counseling regulations for MBBS courses — Challenge to discharge notice and request to continue studies. (Para 1 , 2 , 3 , 4 )
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2021 Supreme(SC) 106
SUPREME COURT OF INDIA
L. NAGESWARA RAO, S. RAVINDRA BHAT, JJ.
Saraswati Educational Charitable Trust & Anr. – PETITIONER(S)
VERSUS
Union of India & Ors. – Respondent (s)
Writ Petition (C) No.40 of 2018 With Writ Petition (C) No.291 of 2019
Decided On : 24-02-2021
Important Points
Admissions to MBBS courses must be made strictly through centralized counselling based on NEET merit lists as per regulations. Independent admissions by colleges are illegal. Intentional violations of these mandatory procedures by institutions are subject to penalties, regardless of whether students are permitted to complete their studies.
Subject
Education Law - Medical Education
Act Referred
Medical Council of India Regulations on Graduate Medical Education, 1997: Reg.5 A
Headnote
Constitution of India, 1950 – Article 32 – Petition challenging Notice – Permit to continue studies - Writ Petition has been filed by Saraswati Educational Charitable Trust challenging notice, issued by second Respondent-Medical Council of India by which Saraswati Medical College was directed to discharge 132 out of 150 students admitted in first year Bachelor of Medicine, Bachelor of Surgery (MBBS) course for academic year 2017-2018 - Writ Petition has been filed by 71 students who have been admitted in first year MBBS course for academic year 2017-2018 in Saraswati Medical College to permit them to continue with their studies and to direct Registrar, Uttar Pradesh Medical Council, seventh Respondent herein to declare their results of first year MBBS course – Held, admissions cannot be made from students not allotted by third Respondent, College admitted 132 students on its own. Thereafter, College permitted students to continue their studies in spite of direction by Medical Council of India to discharge students not being stayed. Intentional violation of Regulations by Petitioner-College while granting admission to 132 students in first year MBBS course for academic year 2017-2018 cannot be condoned. Petitioner-College is directed to deposit an amount of Rupees Five Crores in Registry of this Court within a period of 8 weeks from today - Petitioners are directed not to recover amount from students in any manner whatsoever - Court direct National Medical Commission to constitute a Trust which shall include Accountant General of State of Uttar Pradesh, an eminent educationist and a representative of State of Uttar Pradesh as Members of Trust. Trust constituted to manage amount of Rupees Five Crores to be deposited by Petitioner-College shall extend financial assistance to needy students seeking admission to medical colleges in State of Uttar Pradesh - Writ Petitions disposed of.
Legal Category Hierarchy
Advocates appeared:
For the parties :P.S. Patwalia, Gaurav Bhatia, Gaurav, Rajeev Kumar Dubey, Saroj Tripathi, Ankit Goel, Abhinav Kaushik, R.K. Gupta, Gurmeet Singh Makker, Ankur Prakash, Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Alankrita Sinha, Advocates
For the parties :P.S. Patwalia, Gaurav Bhatia, Gaurav, Rajeev Kumar Dubey, Saroj Tripathi, Ankit Goel, Abhinav Kaushik, R.K. Gupta, Gurmeet Singh Makker, Ankur Prakash, Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Alankrita Sinha, Advocates
Table of Contents
2. College claims necessity due to administrative delay; students claim innocence and merit; regulator asserts mandatory adherence to centralized counseling regulations. (Para 6 , 7 , 8 )
3. Admissions conducted independently by the college violated mandatory centralized counseling regulations; students were aware of the irregularity; administrative delays did not justify bypassing regulations. (Para 10 , 11 )
4. Admissions to medical courses must strictly follow centralized counseling regulations; independent admissions by institutions are illegal and contrary to established regulatory frameworks. (Para 9 , 10 )
5. Students permitted to complete course subject to community service; college directed to pay penalty for regulatory violation to a trust for needy students. (Para 12 , 13 )
6. Can a medical college admit students independently if the official allotment list is insufficient?
No. Admissions to MBBS courses must be made strictly on the basis of the merit list and allotments provided by the designated authority through centralized counseling. Institutions cannot conduct independent selections. (Para 9 , 10 )
7. Does the innocence of students justify the regularization of admissions made in violation of regulatory norms?
Not generally. However, the court may permit students to complete their course to prevent loss of academic years, provided it is not treated as a precedent and is coupled with conditions like community service. (Para 11 , 12 )
8. What is the legal consequence for a medical institution that intentionally violates admission regulations?
The institution may be penalized financially, such as being directed to deposit a significant sum into a trust for the benefit of needy students, to ensure the violation is not condoned. (Para 13 )
JUDGMENT
L. NAGESWARA RAO, J.
1. Writ Petition (C) No.40 of 2018 has been filed by Saraswati Educational Charitable Trust challenging the notice dated 29th September, 2017, issued by the second Respondent-Medical Council of India by which the Saraswati Medical College (hereinafter referred to as “the College”) was directed to discharge 132 out of 150 students admitted in the first year Bachelor of Medicine, Bachelor of Surgery (MBBS) course for the academic year 2017-2018.
2. Writ Petition (C) No.291 of 2019 has been filed by 71 students who have been admitted in first year MBBS course for the academic year 2017-2018 in Saraswati Medical College to permit them to continue with their studies and to direct the Registrar, Uttar Pradesh Medical Council, the seventh Respondent herein to declare their results of the first year MBBS course.
3. Saraswati Medical College was established by Saraswati Educational Charitable Trust in the year 2016. The College applied for grant of renewal of permission for admission of 150 students for the academic year 2017-2018. An inspection was conducted in November, 2016 followed by a second surprise inspection by the assessing team on 21st and 22nd November, 2016. Renewal of permission was not granted by an order dated 10th August, 2017 which was challenged by the Petitioner in Writ Petition No.515 of 2017 before this Court. This Court by its judgment dated 1st September, 2017 directed the Respondents therein to permit the College to take part in the counselling process for the year 2017-2018. The cut-off date for completion of admission in respect of the College was extended till 5th September, 2017. The Respondents were directed to make available students willing to take admission in the College through central counselling in order of merit. The Petitioner No.2 requested the Director General of Medical Education and Training- Respondent No.3 herein to provide a list of students from the National Eligibility-cum-Entrance Test (NEET), 2017 merit list to enable the College to make admission before 5th September, 2017. An email was sent by the College to the third Respondent with the same request for providing the list of students at 6:41 p.m. on 1st September, 2017. On 4th September, 2017, the Management of the College reiterated the request of allotment of students for admission into first year MBBS course.
4. The third Respondent informed all eligible students about the order passed by this Court in Writ Petition No.515 of 2017 and asked them to apply/register themselves for admission to first year MBBS course in the College from 4th September, 2017, 6:00 p.m. to 5th September, 2017, 1:00 p.m. 735 students applied/registered within the time schedule for admission to 150 students in the College. On 5th September, 2017, the third Respondent forwarded a list of 150 students on the basis of their merit amongst 735 students. Only 9 out of 150 students reported and completed their admission formalities by 7:00 p.m. on 5th September, 2017, according to the College. A letter was written by the College at 7:00 p.m. on 5th September, 2017 to the third Respondent requesting the third Respondent to provide students from the list of 735 students. Without waiting for a response from the third Respondent, at 7:32 p.m. on 5th September, 2017 the College issued an urgent notice informing all the 735 candidates who opted for admission pursuant to the notice issued by third Respondent on 4th September, 2017 to avail the opportunity of admission in the College. It was stated in the said notice that admissions will be made in the order of merit from amongst 735 students and the admissions would be completed by 11:59 p.m. on 5th September, 2017. In the meanwhile, 9 more students from the original list of 150 students sent by the third Respondent were admitted by the College. The College filled up 132 seats on 05.09.2017. On receipt of information about the admission of 132 students by the Petitioner-College on its own withou
