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2000 Supreme(Cal) 45
High Court Of Calcutta
Amitava Lala
BOLYICHAND DE TRUST - Appellant
Versus
STATE OF WEST BENGAL - Respondent
T. 1673 Of 1999
Decided On : 01/25/2000
AJOY CHATTERJEE, DEBDUTTA SEN, SOUMEN SEN, Tapan Dutta Gupta
The right to admission under the donor's quota arises only after the information about the vacancies is received from the college, and the vacancies that arise after the completion of the admission process can only be accommodated in the next academic year.
Headnote:
R. G. KAR MEDICAL COLLEGE ACT, 1958 - SECTION 3(2) - DONOR'S QUOTA - ADMISSION OF STUDENTS - INTERPRETATION - APPLICABILITY - STUDENTS' RIGHT TO ADMISSION - ACADEMIC YEAR - DETERMINATION - MEDICAL COUNCIL OF INDIA REGULATIONS - COMPLIANCE - COURT'S DIRECTION.
Fact of the Case:
The petitioners, two trusts of Subarna Banik Samaj of Calcutta, filed a writ petition seeking admission of three students under the donor's quota in R. G. Kar Medical College and Hospital for the academic year 1999-2000. The seats under the donor's quota were available due to the passing of three candidates in the final MBBS examination. The petitioners argued that the vacancies arose only after the result of the Joint Entrance Examination and counselling, and therefore, the students should be admitted in the current academic year. The respondents, the college and the state government, contended that the vacancies arose after the completion of the admission process and the students could only be accommodated in the next academic year.
Finding of the Court:
The court held that the right to nominate candidates for filling up the vacancies under the donor's quota arose only after the information about the vacancies was received from the college on 27th September 1999. Admitting the students in the current academic year, which had already started on 25th August 1999, would hamper the administration and quality of education. The court directed the college to follow the Medical Council of India's dictate dated 22nd January 1999 and consider filling up the vacancies before the cut-off date of 11th October 1999. However, the court also held that the three students should be accommodated in the academic year 2000-2001, considering the technical nature of the course and the disruption that mid-stream admission would cause.
Issues: 1. Whether the students could be admitted in the current academic year or the next academic year. 2. Whether the college was bound to accommodate the students in the current academic year despite the vacancies arising after the completion of the admission process.
Ratio Decidendi: 1. The court interpreted section 3(2) of the R. G. Kar Medical College Act, 1958, and held that the government is a trustee to donors in respect of the donor's quota. 2. The court relied on the Medical Council of India's regulations, which specified the sanctioned intake capacity for medical colleges and required the colleges to send a list of admitted students within a month from the closure of admission or by 11th October 1999. 3. The court considered the fact that the vacancies arose after the completion of the admission process and the students had lost a valuable academic year due to the delay in communication from the college. 4. The court balanced the interests of the students and the college and held that the students should be accommodated in the next academic year, considering the disruption that mid-stream admission would cause.
Final Decision: The court directed the college to follow the Medical Council of India's dictate and consider filling up the vacancies before the cut-off date of 11th October 1999. However, the court also held that the three students should be accommodated in the academic year 2000-2001.
( 1 ) THE Court-Petitioners are two Trusts of Subarna Banik Samaj of Calcutta. They have invoked the writ jurisdiction of this Court through the proper representative of the Samaj with supporting affidavit of competency.
( 2 ) THE petitioner No. 1 Trust executed a deed of trust on 20th June, 1922 by making provisions of free medical education 4 (four) students of Subarna Banik Samaj wherein petitioner No. 2, the other trust was constituted on 12th August, 1927 for similar purpose in respect of 2 (two) students in a Medical College in Calcutta names as Carmichael Medical College Hospital now known as R. G. Kar Medical College and Hospital. Since the trusts donated such seats in the said Medical College such quota of seats are commonly known as donor's quota.
( 3 ) IT is an admitted position that the above members of such sponsored students will be available for the entire educational period, but not as par year. In other words, when the students of such quota are coming out after passing the medical examinations such seats are declared as vacant seats for the purpose of filling up through the new incumbants under such quota. In further words inflow of students under such quota will be dependable upon out flow of students under such quota.
( 4 ) ACCORDINGLY, in this year, vacancy in four seats arose. Out of four seats, one has already filled up as against a candidate who has lost his opportunity to study for various reasons which are not material hereunder. Therefore, the application is vertually made for the purpose of making provisions of other three candidates. Therefore, let me confine the subject matter of issue only in respect of those three candidates.
( 5 ) ACCORDING to the petitioners, the Joint Entrance Examination of the year was held on or about 24/25th April, 1999 and the results were accordingly published on 14th July, 1999. The counselling by the Central Selection Committee was held in between 27th July and 28th July, 1999. On 2nd August, 1999, Honourary Secretary of the Trust enquired from the Medical College about the position of vacant seats in the MBBS Course under the two trusts. On 9th August, 1999, it was informed to the petitioners by the said Medical College that one seat is lying vacant in MBBS Course in 1999-2000 Session available for the petitioner No. 1 trust. Re-counselling of the students were held on 14th August, 1999 wherein the selection of the candidates were made on 16th August, 1999 by sending list of selected candidates to the respective Colleges. The admission of the College remain closed by way of completion of the process on 24th August 1999.
( 6 ) ON 25th August 1999, first year classes have started.
( 7 ) ON 16th September, 1999, the petitioner enquired from the principal of the College about other vacant seats for the purpose of taking decision of the trustees. Immediately on the next date, appropriate representative of the petitioners drew attention to the principal of the concerned Medical College by informing that four students nominated by the two trusts, namely Sri Avijit Paul, Smt. Soma Sil (under B. C. Dey Trust), Ms. Sushmi Dutta and Mrs. Shyamashree Sil (under B. Dutta Trust) appeared in the final MBBS Examination in the year 1999, and requested the Principal to advise as to the results of those candidates as early as possible so that the position of the vacancy of medical seats could be ascertained.
( 8 ) ON 22nd September, 1999 the Principal of the concerned Medical College in reply to their letter or letters intimated that the medical seats as above fell vacant on 13th October, 1998 due to one of the candidates Sri Rajarshy De, a B. C. De Trust Nominee fail to pass in first professional examination in four attempts and, thus, had to be declared out of the course as per the rules of the University of Calcutta.
( 9 ) ON 27th September, 1999, the Principal of the Medical College also informed that out of the four candidates as above concerning two Trust
