IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10554 of 2010 1. SEEMA KUMARI D/O SRI RAJESHWAR PRASAD SINHA ADVOCATE, ROYAL PALACE, PATNA, MAKHANIA KUAN ROAD, P.S. PIRBAHOR, DISTT.- PATNA Versus 1. THE UNION OF INDIA THROUGH HEALTH SECRETARY, GOVT. OF INDIA, NEW DELHI 2. MEDICAL COUNCIL OF INDIA, POCKET- 14, SECTOR- 8, DWARIKA, NEW DELHI-110077, THROUGH ITS CHAIRMAN 3. THE STATE OF BIHAR THORUGH PRINCIPAL SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA 4. BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD, I.A.S. ASSOCIATION BUILDING, NEAR PATNA AIRPORT, PATNA THROUGH CONTROLLER OF EXAMINATION 5. KATIHAR MEDICAL COLLEGE, KATIHAR THROUGH ITS MANAGING DIRECTOR 6. THE PRINCIPAL, KATIHAR MEDICAL COLLEGE, KATIHAR For the Petitioner: Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Nawal Kishore Singh, Adv. For B.C.E.C.E. Board: Mr. P.K. SHAHI, Sr. Adv. Mr. Vikas Kumar, Adv. For the College : Mr. Dharmeshwar Mishra, Adv. Mr. Archana Prasad, Adv. For the State : A.D. Dwivedi, Adv., A.C. to G.P.-13. ----------- 4/ 31/08/2010 Heard learned counsel for the petitioner, the learned Advocate General on behalf of the Bihar Combined Entrance Competitive Examination Board (hereinafter referred as the Board), learned counsel for the State of Bihar and for the private respondent No.5, Katihar Medical College (hereinafter called „the College‟). The petitioner appeared at the combined competitive examination, P.G.M.A.T., 2010 held by the Board for admissions in M.D./M.S./P.G.D./M.D.S. and M.D. (Aayurveda) course. Having competed in the selection process and after counseling done by the Board on 27.6.2010 she was allotted the Community Medicine - 2 - Post Graduate Course at the College against the 50% seats in the State Government quota. She was denied admission by the college leading to the present writ application. This Court while issuing notice on 16.7.2010 to the college issued ex parte interim directions to admit her as per the allotment made in the counselling. The petitioner has been granted admission in the Community Medicine Post Graduate Course on 24.7.2010. It is not in controversy that two seats of the Community Medicine Post Graduate Course fell in the share of the State Government quota. Learned counsel for the private respondent college acknowledges that it has implemented the interim order of the Court and has not questioned it by either filing a stay vacating application or before any appellate court. Learned counsel for the college is not in a position to demonstrate from his counter affidavit that the two seats falling in the share of the State Government quota in the particular discipline had already been filled up by recommendees of the State Government leaving no place for admission of the petitioner against the State Government Quota. Learned counsel for college relies upon (2005)2 SCC 65 (MURLIDHAR Vs. UNION OF INDIA) to submit - 3 - that according to the time schedule fixed by the Supreme Court for admission in Post Graduate and superspeciality courses, the last date up to which students can be admitted arising out of vacancy for any reason was the 31st of May. If that be so, it remains unexplained as to why the college has chosen not to question the interim order of the Court. Reliance is next placed on (2002) 7 SCC 258 (MEDICAL COUNCIL OF INDIA Vs. MADHU SINGH AND OTHERS) that no admission should be granted mid stream. The Supreme Court in writ petition (Civil) No.189/10 on 13.5.2010 has extended the time for joining till 30.6.2010 only in respect of All India Quota seats and not with respect to the State Government Quota. The last submission was that the private respondent college has preferred writ petition (Civil) No.584/09 before the Supreme Court questioning the vires of fixing of 50% State Government Quota for admissions in the college. Learned counsel for the private respondent college fairly places before this Court the interim order passed by the Supreme Court on their writ petition on 14.5.2010 which reads as follows:- “As the State is in the process of sending candidates for the 50% seats and in fact, has already sent 8 students, interim relief is rejected. However, - 4 - admission of the students sent by the State Government will be without prejudice to the contentions of the petitioner and therefore will not be a precedent for the future.” It has already been noticed above that there is no material on record to demonstrate either that the Board while recommending the name of the petitioner has exceeded the 50% quota seats of the State Government in the discipline of Community Medicine. Insofar as the two decisions relied upon by the private respondent College are concerned, they are best answered by the order of the Supreme Court dated 13.5.2010 noticed above which states “After hearing learned counsel and having examined the case and considered the similar orders passed during the previous years we issue the following interim directions in regard to the schedule for extended second round of Post Graduate Counseling,2010 for All India Quota”. It states that the All India Quota, if not filled up, shall lapse on 21.6.2010 and shall be deemed to be surrendered to the State and then goes on to permit admission against such seats till 30.6.2010. Admissions therefore were naturally permissible till 30.6.2010 by modification of the earlier orders of the Court already noticed by it. The petitioner has been recommended on 27.6.2010. If the College - 5 - inappropriately declined to grant her admission against the State Government Quota, this Court finds it difficult to except the argument that no admissions could be granted after 30.6.2010. The interim order of the Supreme Court in the writ petition preferred by the College dated 14.5.2010 cannot be read in the truncated manner that the College seeks to do by confining it to the eight persons considered therein. The order has to be read as a whole. The tenor of the order was that the State was in the process of sending candidates against the 50% quota, but it had already made eight recommendations. The prayer for interim relief of a restraint against any admissions with regard to this 50% quota was declined. All recommendations made against the 50% quota form a class and stand covered by the Supreme Court order which goes on to clarify that it would not be treated as a precedent, i.e., for the session-2011 which shall naturally depend on the final outcome of the writ petition. The petitioner having already been granted admission, the College not having questioned the interim order of the Court, and having failed to satisfy the Court that her recommendation was in excess of 50% quota in the discipline of this Community Medicine, this Court does not uphold the contention of the College that the - 6 - petitioner is not entitled to any admission after 30.6.2010 and therefore the interim order does not deserve to be confirmed. The petitioner has been granted legitimate admission. She is entitled to pursue the course in the College in question in the Post Graduate Course in the Community Medicine discipline under the State Government Quota. The application is allowed. KC ( Navin Sinha, J.)