Preface:

Every academic year, after a scorching summer of the examinations comes the monsoon of admissions, burgeoning forth litigation in abundance, this year being no exception. The seasonal litigation at times repeats itself in cycles within the same year. The State by invoking its legislative powers, and the Constitutional Courts, at the state levels and the Apex, by issuing judicial directives time and again, have made and have been making efforts to stem the rot of exploitation in the process of admissions. The ingenious methods adopted by the parties to this saga being inexhaustible, it calls for repeated legislative and judicial measures on an annual basis.

Back Ground:

Looking at the background of the present litigation, it is to be seen that in the last week of July, 2013, a batch of writ petitions came to be filed by various students aspiring admission into Undergraduate Medical Courses run by different private colleges alleging that the private medical colleges had not been receiving/rejecting their applications for admission into C-category M.B.B.S. seats, contrary to the regulations set out G.O.Ms.No.136, Health, Medical, Family Welfare (E1) Department, dated 30.04.2007 and G.O.Ms.No.144, Health, Medical, Family Welfare (E1) Department, dated 15.07.2009, as illegal, arbitrary, etc. They have also sought a consequential direction to the respondents to consider their candidature for the admission into M.B.B.S. Course for the academic year 2013-14 against Category-C (Management seats) in those private medical colleges based on merit, in a transparent manner as per regulations contained in the G.Os., referred to above. A learned single Judge, through an order dated 26.07.2013, disposed of all the miscellaneous petitions in those writ petitions with certain directions.

2. The learned single Judge, inter alia, directed all the private medical colleges (1) to arrange the names of the candidates from whom they have received valid applications up to 5-00 p.m. on 25.07.2013 in the descending order of the merit, and (2) to grant provisional admission on the basis of the said order of merit. Insofar as the University of Health Sciences is concerned, it was directed to approve the admissions of all such candidates, whose applications are received by the colleges concern, which are found to be in order and grant them and convey the necessary approval immediately and that the said approval shall be communicated to each of the colleges latest by 30.07.2013 so that the selected and approved candidates shall report and join the respective colleges latest by 12 noon on 31.07.2013. The order dated 26.07.2013 further directs the University of Health Sciences to communicate the approval of a waiting list of the next 15 meritorious candidates to the respective colleges concerned by 12 noon on 31.07.2013, so that the candidates in the descending order of the merit in the wait list can be offered the seats.

3. The private medical colleges have undertaken the admission process for the academic year 2012-13, essentially based the directions given by the learned single Judge in the order dated 26.07.2013 passed in W.P.No.20657 of 2013 and the batch, by way of disposal of miscellaneous petitions therein, as well as the guidelines contained in G.O.Ms.No.136 Health, Medical, Family Welfare (E1) Department, dated 30.04.2007 and G.O.Ms.No.97 Health, Medical and Family Welfare (E1) Department, dated 06.07.2013, through which the Government has effected certain modifications to G.O.Ms.No.136 dated 30.04.2007.

4. Yet again, complaining various irregularities in the process of admissions by the private medical colleges, many students have filed another batch of writ petitions, and they are the subject matter of the present adjudication. It may further be noted that from among the earlier batch of writ petitions i.e., W.P.No.20657 of 2013 and the batch, in which the learned single Judge gave directions through an order dated 26.07.2013, wr