Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 445

SUPREME COURT OF INDIA
S.A. BOBDE, L. NAGESWARA RAO, JJ.
RACHIT SINHA & ORS. – PETITIONER(S)
Versus
UNION OF INDIA & ORS. – RESPONDENT(S)
Writ Petition (C) No. 357 of 2018 With Writ Petition (C) No. 361 of 2018 Writ Petition (C) No.366 of 2018 Writ Petition (C) No.424 of 2018
Decided On : 03-05-2018

Advocates Appeared:
For Petitioner(s): Amit Kumar, Adv.
For Respondent(s): Shivendra Singh, Ramendra Mohan Patnaik, Advs.

IMPORTANT POINT
Notice dated 09.04.2018 arresting the practice of blocking seats in All India Quota and resigning thereafter resulting in the seats reverting to State Quota which is detrimental to meritorious candidates in All India Quota held justified.

Headnote:Postgraduate Medical Education Regulations, 2000 – Clause 9A(4) – Notice dated 09.04.2018 – admission to Post Graduate medical courses – Candidates blocking seats in All India Quota and resigning thereafter resulting in the seats reverting to State Quota – Detrimental to meritorious candidates in All India Quota – Notice dated 09.04.2018 arresting this practice – Imposing forfeiture of fee paid for first counselling – Not infringing any legal right of petitioners – Reduction of chances of admission does not entail in violation of any right – Writ petition not entertainable. (Para 8, 9)
       Facts of the case:
       This batch of writ petitions have been filed against MCI notice under clause 9A(4) of the Regulations in respect of admission to Post Graduate medical courses.
       Finding of the Court:
       There is no fault in the impugned notice.
       Result: Petitions disposed of.

ORDER

1. By a Notification dated 20.02.2018, the Medical Council of India (MCI) issued the Postgraduate Medical Education (Amendment) Regulations, 2018. The admission schedule for the year 2018-2019 as per the said Regulations is as follows:-

Sr. No	Schedule for Admission	Central Counselling	State Counselling
		All India Quota	Deemed + Central Institute
1.	Conduct of Exam	By 10th January
2.	Declaration of Result	By end of January
3.	1st Round of Counselling	12th March – 24th March,	12th March – 24th March,	25th March – 5th April
4.	Last date of joining	3rd April,	3rd April	12th April
5.	2nd round of counselling	6th April – 12 April	6th April – 12 April	15th April – 26 April
6.	Last date of joining	22nd April	22nd April	3rd May
7.	7 Mop up Round		12th May – 22nd May	4th May –8th May
8.	Late date of joining		26th May	12th May
9.	Forwarding the list of students in order of merit equalling to ten times the number of vacant seats to the Medical Colleges by the Counselling Authority.		27th May	13th May
10.	Last date of joining		31st May	18th May

2. The first round of Counselling of All India Quota was completed on 07.04.2018. We are informed that the first round of Counselling for the State quota was also completed in the first week of April, 2018. The process for the second round of Counselling for the All India Quota commenced on 13.04.2018 and the last date for reporting was 23.04.2018. Admission to Postgraduate Courses, according to the Regulations, is on the basis of the merit of the candidates in the National Eligibility-cum-Entrance Test (NEET-PG) conducted every year. 50 per cent of the seats are earmarked for All India Quota and the remaining 50 per cent for the State Quota.

3. On 05.04.2018, a Notification was issued by the Medical Council of India by which Clause 9A(4) was added to the Postgraduate Medical Education Regulations, 2000 which is in the following terms:-

“9A(4) In order to prevent seat blocking in common Counsellingfor admission to Postgraduate Courses and permissibility to exercise fresh choice during Counselling, forfeiture of fee shall be in accordance with the matrix contained in appendix-III.”

4. A notice dated 09.04.2018 was issued by Medical Counselling Committee (MCC) which conducts the Counselling for the All India Quota in which it was clarified that a candidate who had participated in the first round of Counselling and was allotted a seat but did not report can participate for the second round of Counselling as per their earlier registered details. It was also mentioned in the said notice that the candidates who reported after the first round of Counselling but resigned from the allotted Institutions were also eligible to participate in the second round of Counselling without any fresh registration/payment. The candidates were further informed that candidates who joined in the allotted seats after the first round of Counselling but could not get up-gradation in the second round of Counselling shall be allowed to resign from the first round seat within two days from the publication of the second round results of the All India Quota with forfeiture of fees.

5. The Petitioners in the above Writ Petitions who participated in the first round of Counselling for the All India Quota seats for admission to the Postgraduate Courses in medicine are aggrieved by the changes that are made in the method of Counselling by the notice dated 09.04.2018. The grievance of the Petitioners is that candidates who were ineligible for the second round of Counselling according to the earlier procedure were made eligible as per the notice dated 09.04.2018. Another complaint of the Petitioners pertains

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2018 Supreme(SC) 445

SUPREME COURT OF INDIAS.A. BOBDE, L. NAGESWARA RAO, JJ.RACHIT SINHA & ORS. – PETITIONER(S)VersusUNION OF INDIA & ORS. – RESPONDENT(S)Writ Petition (C) No. 357 of 2018 With Writ Petition (C) No. 361 of 2018 Writ Petition (C) No.366 of 2018 Writ Petition (C) No.424 of 2018 Decided On : 03-05-2018

IMPORTANT POINTNotice dated 09.04.2018 arresting the practice of blocking seats in All India Quota and resigning thereafter resulting in the seats reverting to State Quota which is detrimental to meritorious candidates in All India Quota held justified.

IMPORTANT POINT
Notice dated 09.04.2018 arresting the practice of blocking seats in All India Quota and resigning thereafter resulting in the seats reverting to State Quota which is detrimental to meritorious candidates in All India Quota held justified.