Admissions in educational institutions must strictly adhere to centralized counselling processes as mandated by precedents to maintain fairness and transparency in selections.

JUDGMENT

Vipin Sanghi, J. (ORAL)

C.M. Nos.14820/2021 & 15797/2021

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of.

LPA 581/2019 and C.M. Nos.40061/2019, 14730/2021 & 15796/2021

3. We have heard submissions of learned senior counsel for the appellants, as well as learned counsel for the Medical Council of India (MCI); State of MP, and the respondent Medical College/ university, and we proceed to decide the present appeal.

4. This appeal is directed against the judgement dated 07.08.2019 passed by the learned Single Judge in W.P. (C) 10933/2018 titled Deepanshu Bhadhoria and Ors. Vs. Medical Council of India and Ors. The said petition had been preferred by the appellants herein. The learned Single Judge, vide impugned judgement, did not find merit in the petition, and the same was dismissed.

5. We would refer to the appellants, as petitioners, in the present judgement.

6. The petitioners participated in the NEET conducted by the CBSE for admission to the under-graduate medical courses in the year 2016. The Constitution Bench of the Supreme Court vide its judgement rendered on 02.05.2016 in Modern Dental College & Research Centre & Ors. Vs State of Madhya Pradesh & Ors., (2016) 7 SCC 353, held that admissions to all Government and Private Medical Colleges in the county would be held through the centralized counselling system on the basis of the result of the NEET examination. The petitioners were eligible and qualified to participate in the centralized counselling conducted by the respondent State Government, i.e. the State of Madhya Pradesh, for admissions to under- graduate medical courses in the said State. The respondent Medical College i.e. the L.N. Medical College Hospital and Research Centre, Bhopal is also one of the Medical Colleges, wherein admissions for the Academic Year 2016-17 had to be made through the centralized counselling. The centralized counselling was to be conducted by the Department of Medical Education (DME).

7. It appears that despite the aforesaid judgement, admissions were being made contrary to the said decision by the Medical Colleges, through private counselling. The Supreme Court took note of the same, and vide order dated 22.09.2016 - while dealing with the Contempt Petition titled "State of Madhya Pradesh Vs. Jainarayan Chaouksey and Ors.", (2016) 9 SCC 412 held as follows :-

" We have heard the learned counsel for the parties at length. We observe that mandate of our judgment was to hold centralised entrance test followed by centralised state counselling by the State to make it a one composite process. We, therefore, direct that admission to all medical seats shall be conducted by centralised counselling only by the state Government and none else.

If any counselling has been done by any College or University and any admission to any medical seat has been given so far, such admission shall stand cancelled forthwith and admission shall be given only as per centralised counselling done by the State Government.