IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. Dharmadhikari, Bharati H. Dangre, JJ.
Yellamalli Venkatapriyanka - Appellant
Versus
State Of Maharashtra, Through Its Department Of Medical Education And Drugs Mantralaya, Bombay - Respondent
Writ Petition No. 1560 of 2018, 2327 of 2017, 2393 of 2017, 6339 of 2018, 6340 of 2018, 6372 of 2018, 6385 of 2018, 6777 of 2018, 6778 of 2018, 6779 of 2018, 6780 of 2018, 6781 of 2018, 6782 of 2018, 6783 of 2018, 6784 of 2018, 7327 of 2018; Civil Application No. 1558 of 2018, 1559 of 2018, 1560 of 2018, 1561 of 2018; Writ Petition (Lodg) No. 1947 of 2018
Decided On : 26-07-2018
Constitution of India Article 226, 14 – Writ Petition - Waive service - Petitions which have been filed and not formally admitted, we grant Rule –– Court have been informed that the State Government has filed a comprehensive affidavit in a Writ Petition on the Original Side being Writ Petition (Lodg.) – That sets out the stand common to all the matters and, therefore, that is adopted in the other petitions by the contesting respondents – As is usual in this Court and in the academic sessions, despite warning signals, reminders as also admonishment from the Honble Supreme Court, the state of affairs with regard to admissions to undergraduate courses in medicines have not improved in the State of Maharashtra – In this regard, we can usefully refer to the anguish expressed by the Honble Supreme Court while delivering its judgment in the case – That decision is reported – Held, Supreme Court held that it is the Central Government which bears the financial burden of running the medical college – It is for it to lay down criteria of eligibility – Government cannot be denied the right to decide from what sources the admissions will be made – If the sources are properly classified, whether on territorial, geographical or other reasonable basis, it is not for the courts to interfere with the manner and method of making the classification – If the sources have been classified in the manner done in that case, then, it is difficult to say how its classification has no rational nexus with the object of imparting medical education as also of selection for the purpose – This is not, therefore, a case of any preferential treatment either – Court have but followed this principle and we have found that the challenge to the impugned Rules on the ground that they violate the mandate of Article 14 can safely be negatived by holding that the classification is made on a reasonable basis and has a definite nexus with the object sought to be achieved – Result of the above discussion, Rule in each of these petitions is discharged – Interim order, if any, to stand vacated – Petitions are dismissed but without any order as to costs – After the judgment was dictated and pronounced in open Court, appearing for the petitioners in some of the petitions, on instructions, seeks a stay of this order and prays that the interim arrangement be continued at least for a few weeks to enable the candidates who are now displaced by this judgment and order to consider their position and possibly challenge this judgment in a higher Court – Request is opposed on behalf of the State Government and the Directorate of Medical Education & Research by the learned Advocate General so also by the counsel for the intervenors – petitions are dismissed
JUDGMENT
S.C. Dharmadhikari, J. - These petitions, under Article 226 of the Constitution of India, raise common questions of fact and law. They were heard together and are being disposed of by this common judgment.
2. In such of the Writ Petitions which have been filed and not formally admitted, we grant Rule. The respondents waive service. We have been informed that the State Government has filed a comprehensive affidavit in a Writ Petition on the Original Side being Writ Petition (Lodg.) No. 1947 of 2018. That sets out the stand common to all the matters and, therefore, that is adopted in the other petitions by the contesting respondents.
3. As is usual in this Court and in the academic sessions, despite warning signals, reminders as also admonishment from the Hon''ble Supreme Court, the state of affairs with regard to admissions to undergraduate courses in medicines have not improved in the State of Maharashtra. In this regard, we can usefully refer to the anguish expressed by the Hon''ble Supreme Court while delivering its judgment in the case of Saurabh Choudri & Ors. vs. Union of India & Ors , (2003) 11 SCC 146. That decision is reported in . The lead judgment is delivered by the then Hon''ble Chief Justice of India V.N. Khare, J. and there are concurring opinions rendered by Hon''ble Mr. Justice S.B. Sinha and Hon''ble Mr. Justice Dr. A.R. Laxmanan. In the concurring judgments it has been pointed out as to how the issues crop up year after year and there is confusion and chaos all over. In paragraph 94 of this judgment, the Court observed as under :
"94. For admissions to undergraduate programmes, there are several different eligibility norms among the different categories of institutions and among the various States. Some are based on twelfth standard marks or grades only, some are based on the entrance examination only and some are determined by a combination of these with different weightages. There is an endless number of justifications for each of the above, confusing the students from different parts of the country."
4. Before paragraph 94 of the judgment, the Hon''ble Supreme Court observed as under :
"While concurring with the conclusion arrived at by the Hon''ble the Chief Justice, I would like to add the following few lines for streamlining the policies and processes for admission to medical courses and other professional courses. The issues and options are discussed below :
Every year during the admission season several lakhs of students undergo immense suffering and harassment in seeking admission to professional courses caused by uncertain policies, ambiguous procedures and inadequate information. The miseries of students and parents are escalating year after year due to boundless expansion in the number of professional institutions and their intake capacity, emergence of a large variety of newer disciplines and mobility of students seeking admissions beyond the boundaries of States. The students who are about to complete their high school education go through a period of acute anxiety caused by the uncertain situation about their chances for further education. The number of qualified students wanting to go for higher studies has been swelling, largely motivated by hopes of better economic security and partly by a desire to attain greater upward social mobility. Then begins their trauma due to many prevailing unfair practices in admissions and devious ways of fee collections exploiting the anxiety of students and uncertainty of procedures. Most of the efforts to deal with these problems are ad hoc in nature often decided under judicial orders. Different State and Central authorities take many different actions often leading to severe inconsistencies. There is substantial scope for streamlining the admission process, even within the regulatory powers of the authorities, provided these issues are not dealt with on an emergency basis during the admission season but done in a coordinated and comprehensive manner
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