In a recent judgement, the Supreme Court of India addressed the plea filed by the Society Representing Educational Institutions against the Union of India, seeking an extension for conducting counselling for P.G. courses. The petitioner argued for more time due to vacant seats in medical colleges. The Court’s decision and reasoning behind dismissing the petition provide clarity on the adherence to time schedules in medical education. Let’s delve into the details of this significant case.
Arguments
- The petitioner, a society representing educational institutions including medical colleges running post-graduate medical courses, has filed a writ petition seeking an extension of time for conducting counselling for P.G. courses due to vacant seats.
- The petitioner’s counsel argues that the colleges have invested significantly in infrastructure and there is a shortage of doctors in India.
- Citing examples of past orders by the Court allowing mop-up counselling and extensions for admissions in medical courses, the petitioner indicates a similar order may be suitable in this case to increase the number of doctors graduating to treat patients.
- Shri Vikramjit Banerjee, learned ASG appearing for the Union of India opposes the application.
- He argues that allowing the petition would set aside the sanctity of earlier orders in Mridul Dhar vs Union of India, Priya Gupta vs State of Chhattisgarh, and Ashish Ranjan vs Union of India.
- The Court in Mridul Dhar’s case observed inconsistencies in the time schedules for medical college admissions being exploited by private colleges.
- There were discrepancies and irregularities in following prescribed schedules leading to the admission of undeserved students and high fee charging.
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Analysis
- Out of 603 vacant seats in deemed universities, only 31 are in clinical subjects.
- 95% of the vacant seats (572) are in non-clinical subjects.
- The court directed strict adherence to schedules notified by the Medical Council of India.
- Important schedule deadlines were highlighted including result declaration by end of January, first round of counselling completion by 24 March, etc.
- The last date of joining for deemed and central institutes is 31 May, and for states is 18 May (now extended to 31 May for states).
- For Maharashtra, the date was extended to 17 June due to specific issues.
- Orders referenced in the case were state or college/university-specific and not to be treated as precedent.
- The order dated 11.10.2017, regarding super-speciality seats, extended counselling and joining dates subject to the academic year.
- Petitioners seek a general extension citing a large number of vacant PG course seats.
- The vacancy issue was also highlighted in Priya Gupta’s case with over 1000 seats vacant.
- Approval given to the time schedule in Ashish Ranjan’s case
- Court specifically mentioned its approval
- Large number of non-clinical seats remain vacant every year as many graduate doctors do not want to pursue post-graduation in non-clinical subjects.
- There is no evidence regarding the status of the remaining 400-500 seats.
- Merely having vacant seats is not sufficient grounds to extend the deadline for filling them.
- Granting extensions could set a precedent that undermines the purpose of strict adherence to time schedules.
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Decision
- The mop-up round was required to be completed by 31.5.2019
- No extension can be granted just because seats are vacant without justification
- If seats remain vacant after the mop-up round, it cannot be helped
- The petition was found to have no merit and accordingly dismissed
- Pending applications, if any, were disposed of
- The schedule includes three rounds of counselling: first round, second round, and mop-up round
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Case Title: EDUCATION PROMOTION SOCIETY FOR INDIA Vs. UNION OF INDIA
Case Number: W.P.(C) No.-000747 / 2019
