In a recent legal case concerning post-graduate medical admissions, the Court focused on the importance of adhering to prescribed admission schedules without extensions. Failure to fill vacancies not considered a valid reason for deadline extensions. The Court emphasized upholding merit-based admissions and deemed admissions post-deadline as illegal. Stay updated on this noteworthy legal analysis in the realm of medical admissions.
Facts
- The Court noted inconsistencies in fixing the time schedule for admissions to medical courses.
- Irregularities in maintaining a prescribed schedule were exploited by medical colleges.
- The Court intervened and fixed a rigid time schedule for admissions to medical colleges.
- Last date for admission/joining not to be extended beyond 31 May.
- No deviation from the admission schedule is permissible as per the Court’s orders.
- The Board of Governors of Medical Council of India (now, The National Medical Commission) filed appeals against a High Court judgment directing admission beyond the cut-off date.
- Strict adherence to admission rules was directed by the Court.
- Approval was given to the admission schedule prescribed by the Medical Council of India for post-graduate medical courses.
- No deviation from the prescribed admission schedule is allowed, and the last date for admission/joining is fixed at 31 May.
- The respondent students who failed to secure admission to post-graduate medical seats due to their lower ranks filed writ petitions seeking admission to vacant seats for the academic year 2019-20.
- The Single Judge of the High Court granted provisional admissions to the students, ignoring the cut-off date and merit.
- These interim orders were later made absolute on the premise that the students had already joined the courses and undergone training for six months or more.
- The orders were challenged in special leave petitions and stayed by the Supreme Court.
- The respondent students are MBBS doctors who appeared in NEET (PG)-2019 for admission in State quota seats in West Bengal.
- The last date for admission/joining was fixed as 31 May.
- Despite the stay order by the Supreme Court, respondent Dr. Priyambada Sharma did not continue her studies after September 2019.
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Arguments
- Learned counsel for the appellant argues that the students were not at fault for the delay in the second round of counseling due to interim orders from the High Court.
- The High Court’s interim orders disrupted the admission process and caused students to suffer.
- The appellant asserts that the High Court’s decision to allow provisional admissions beyond the specified date was erroneous.
- The principle of first-come-first-serve was not followed properly in the admissions to post-graduate medical courses.
- The appellant requests that all interim orders and provisional admissions made for the academic year 2019-20 be quashed and set aside.
- Appearing to complete the course and in the examination is crucial
- If not permitted, individuals will lose three years of their life
- Neither the appellant nor anyone else will benefit from this loss
Analysis
- More than 1000 seats are lying vacant for post-graduate medical courses.
- Out of 603 total vacant seats in deemed universities, 31 are in clinical subjects and 572 are in non-clinical subjects.
- The schedule for admission to post-graduate medical courses must be strictly followed without any extensions after the deadline of May 31st.
- Previous court judgments have consistently emphasized the importance of adhering to the schedule strictly.
- Failure to fill non-clinical seats is common as many graduate doctors prefer clinical subjects for post-graduation.
- The court does not find vacancy alone as a valid reason to extend the admission deadline or allow further opportunities to fill vacant seats.
- The law laid down by the Court in previous decisions applies to the current case.
- The Medical Counselling Committee and Union of India must stick to the time schedule for completing the admission process.
- The current admission process for NEET-PG-2021 is already delayed.
- Despite multiple rounds of counselling, some non-clinical course seats remain vacant.
- A decision was made not to conduct further Special Stray Rounds of counselling by the Union Government/Medical Counselling Committee.
- The decision not to conduct further rounds of counselling is not arbitrary.
- Interim orders granting provisional admissions in post-graduate medical courses in June and July 2019 were deemed legally unsustainable by the court.
- Previous case references did not support the argument for sympathy towards the students granted provisional admissions.
- The principle of merit in admissions to post-graduate courses based on NEET examination must be upheld, and admissions after the specified deadline are considered illegal.
- Allowing continued illegal admissions would be contemptuous and cannot be approved by the court.
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Decision
- Pending application(s) to be disposed of
- No costs to be imposed
- Appeals are allowed and succeed
- Impugned orders by the High Court are quashed
Case Title: BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA Vs. PRIYAMBADA SHARMA (2022 INSC 1103)
Case Number: C.A. No.-007533-007534 / 2022
