JUDGMENT

M.N. Bhandari, J. - These writ petitions were filed to challenge admissions in MBBS/BDS courses alleged to have been given in violation of the Regulations. The prayer was made for an impartial enquiry by the High Power Expert Committee to expose the illegality committed during counselling and, thereupon, in the admissions. The prayer is also made to refer the matter to Central Bureau of Investigation (for short 'the CBI').

2. A direction is also sought for admission in MBBS Course 2015-16 and. at the same time, for punitive action against the Federation of private medical and dental colleges.

BRIEF FACTS OF THE CASE :

3. It is a case where petitioners along with others appeared in PCPMT Examination 2015 for admission in MBBS and BDS Courses. The Pre-medical Test (PCPMT) was held by MDS University, Ajmer. The result was declared on 21st August, 2015. The successful candidates were called for counselling. In the meantime, revised result of PCPMT was declared pursuant to the judgment of this Court. The negative marking was ordered to be removed. A fresh counselling after declaration of revised result was conducted on 30th September, 2015. The petitioner/s scored merit position but they were not given admission and, at the same time, it was given to those who did not even appear in the counselling or failed to secure required marks in PCPMT.

4. The petitioner Vivek Bugalia could not attend the counselling as he was in Jaipur to appear in the paper of Human Physiology Bio-Chemistry, 1 year of BDS Examination. Ms. Jyoti Dudi and Mr. Mohan Lal Saini were given admission, though, they did not appear in the counselling and, in the same manner, Shiv Prakash was also given admission. The counselling was thus made for the sake of it because petitioner Vivek Bugaliya apart from three candidates, named above, did not appear in counselling yet they were shown present by putting their forged signatures. The aforesaid itself proves in what fraudulent manner, counselling was conducted followed by admissions. The candidates, who had taken admission else-where, were shown present and seats were allotted to them also, though, they did not appear in the counselling. It was to show that all the seats have been filed. It includes presence of those candidates who were earlier allotted Government Medical College pursuant to the counselling on 31st August, 2015 thus did not appear. Those candidates were still allotted seats in respondents private medical colleges and after showing them to be absent, fifteen candidates were given admission, out of which, nine were admitted in Pacific Medical College, five candidates in NIIMS Medical College and one in Pacific Institute of Medical Sciences (PIMS). The medical colleges to those candidates were allotted on 31st August, 2015 i.e. after the counselling of PCPMT and last date thus allocation of medical college was nothing but as farce. It was with the purpose to give admission to those candidates, not even eligible.

5. The petitioners has filed additional affidavit to show that the candidates failed to secured minimum marks in PCPMT have also been given admission. The aforesaid is a glaring instances of manipulation and illegalities on the part of the respondents medical colleges to give admission in MBBS Course 2015-16. In the Pacific Medical College and Hospital, Udaipur 49 such candidates were given admission.

6. In a litigation against negative marking in PCPMT, direction was given by this Court to remove it. The result was declared afresh and the candidates secured less than five per cent marks therein were also given admission, though, required to possess minimum fifty per cent marks. Thus, ineligible candidates were also given admission. As per the Medical Council of India Regulations of Graduate Medical Education, 1997 (for short 'MCI Regulations of 1997') as well as judgments of the Apex C