Priya Gupta vs State Of Chhattisgarh & Ors

2. The Department of Medical and Family Welfare, Government of Chhattisgarh, vide its letter dated 10th September, 2010 cancelled the admission granted to Akansha Adile and Priya Gupta in the MBBS course for the academic year 2006-07 in the Government NMDC Medical College, Jagdalpur (for short, the Jagdalpur College) with immediate effect.

3. Aggrieved by this order of the Government, both the students challenged the legality and correctness of this action in separate writ petitions under Article 226 of the Constitution of India. The High Court, vide its judgment dated 9th August, 2011, held that admission to these petitioners had been given ignoring more meritorious and suitable candidates, which amounted to violation of natural justice to such other candidates and declined to interfere in the impugned order dated 10th September 2010, hence giving rise to the present appeals. The appellants had appeared in the Pre-Medical Test conducted by the State of Chhattisgarh for the academic year 2006. The results were declared in July 2006 and Appellant No.1, Priya Gupta, secured general rank 1614 while Appellant No.2, Akansha Adile, secured general rank 3893. As the latter belonged to the Scheduled Caste category, her rank in that category was 396. This entrance exam was conducted by the State as per the notification of the State Government dated 8th March, 2006 under the ‘Chhattishgarh Medical and Dental Graduate Examination Rules, 2006’ (Chhatisgarh Chikitsha Tatha Dant Chikitsha Snatak Pravesh Pariksha Niyam, 2006) (for short, ‘the Rules’). These Rules provided for allocation of seats and reservation, the process for admission to the vacant seats, selection procedure as well as cancellation of admission and the matters incidental thereto.

4. The State Government, vide its letter dated 14th August, 2006, had granted permission for the starting of admission procedure for the academic year 2006-07 at the Jagdalpur College. The annual admission capacity was 50 seats which were to be filled up by the candidates who had qualified PMT 2006 in the order of their merit.

5. The first counseling was held on 21-22nd July, 2006 but obviously, at that time, the Jagdalpur College had not been given permission to commence admission to the MBBS course. The counseling was conducted for medical colleges at Raipur and Bilaspur and also for the Raipur Dental College. 18 per cent of seats were to be reserved for allotment under the All India Quota and the Central Pool quota. However, the State Government vide letter dated 21st August, 2006 is stated to have informed the Jagdalpur College that two seats out of the total seats were reserved for allotment under the Central Pool Quota and no seats were reserved under All India Quota. Upon receipt of recognition, only 48 seats were offered for admission to the students on 22nd – 23rd August, 2006. The Central Pool Quota seats were not filled up and were allegedly not made available to the candidates who appeared for that counseling. The Dean of Jagdalpur College informed the Director, Medical Education, State of Chhattisgarh on 30th September, 2006 that on that date, 48 candidates had taken admission and two seats were lying vacant. This information was sent in response to inquiry by the Director, Medical Education in this regard and directions were sought by the Jagdalpur College for filling up of vacant seats. On the same day, the Director, Medical Education, directed that the seats should be filled from the merit list and the candidates could be contacted on telephone. If contact was not possible, admission could be given to the candidates who were available in the Jagdalpur College. On 30th September, 2006 itself, the two vacant seats were given to the available candidates, who are the appellants herein.

7. 48 students under different categories were given admission as per the list published by the Jagdalpur College on 30th September, 2006. Vide letter dated 30th September, 2006, the Jagdalpur College and other medical colleges in the State had been informed by the Directorate of Medical Education, State of Chhatisgarh that 30th September, 2006 being the last date for admission as per the judgment of the Supreme Court, a list of the students who had been given admission may be sent to the Directorate and guidance sought from the Directorate, if any seats were lying vacant. The guidance was received by the Jagdalpur College by letter dated 30th September, 2006, which reads as under :-

11. As is evident from the above letters, all the events had taken place on 30th September, 2006 itself. Appellant No.2, Akansha Adile is stated to be daughter of the Director, Medical Education Government of Chhattisgarh, one Dr. S.L. Adile, who is supposed to be the highest authority in the State directly responsible for admission to the medical colleges, including Jagdalpur College. The appellants were given admission and they joined the course of MBBS.

12. The State of Chhattisgarh, vide notification No. F-16-1/2001/75/55 dated 8th March, 2006 had framed the Rules. Under Sub-Rule (1) of Rule 4 of these Rules it had been specifically prescribed that in all Government Medical and Dental Colleges, there will be a reservation of 15 per cent of seats under All India quota and these seats will be filled on the basis of All India Entrance Examination. Further, under sub-rule (2), it was specified that in the said colleges, there shall be a prescribed quota of 3 per cent reserved for admissions from the Central Pool, which would be filled from the names nominated by the concerned/authorised officer.

18. It deserves to be noticed that the stands taken by the Union of India and the State of Chhattisgarh in the present petitions are not exactly the same. According to the DGHS, Respondent No.2 herein, the letter dated 8th August, 2006 is fake and no seats had been allotted to the Jagdalpur College. Seats were allotted only to Pt. JLN Medical College, Raipur. The letter dated 8th August, 2006 is alleged to have been sent by the Assistant Director General (ME), Ministry of Health and Welfare, Nirman Bhawan, New Delhi. Having found the letter to be fake, the DGHS directed cancellation of the admission granted to both the appellants. According to the State of Chhattisgarh, the State had to distribute only 41 seats of the Jagdalpur College as 15 per cent were reserved for All India quota and three per cent for Central Pool quota. It is their stand that Dr. S.L. Adile, Respondent No.3 is the father of Akanksha Adile and is the highest officer in the State for controlling pre-medical education and post graduate admission. Seats reserved, if any, would have reverted back on 23rd August, 2006 to Respondent No.3 and no action was taken to fill up these seats at that time. Suspiciously, the seats were filled only on 30th September, 2006, by giving the seats to the appellants. They support the case of the Union of India that the letter dated 8th August, 2006 is fake and claim that the two seats were deliberately not offered for the second round of counseling, which was held on 22nd-23rd August, 2006. All other candidates had been absent on 30th September, 2006 as they had not been contacted. The entire admission process of the appellants was vitiated by fraud.

30. Thus, the need of the hour is that binding dicta be prescribed and statutory regulations be enforced, so that all concerned are mandatorily required to implement the time schedule in its true spirit and substance. It is difficult and not even advisable to keep some windows open to meet a particular situation of exception, as it may pose impediments to the smooth implementation of laws and defeat the very object of the scheme. These schedules have been prescribed upon serious consideration by all concerned. They are to be applied stricto sensu and cannot be moulded to suit the convenience of some economic or other interest of any institution, especially, in a manner that is bound to result in compromise of the above- stated principles. Keeping in view the contemptuous conduct of the relevant stakeholders, their cannonade on the rule of merit compels us to state, with precision and esemplastically, the action that is necessary to ameliorate the process of selection. Thus, we issue the following directions in rem for their strict compliance, without demur and default, by all concerned,.

ii) The Medical Council of India shall, immediately thereafter, issue appropriate directions and ensure the implementation and commencement of admission process within one week thereafter.

32. Having dealt with, in general, the directions that this Court would issue to prevent the evils of arbitrariness and discrimination from creeping into these selection/admission processes, which are required to be transparent, fair and non-exploitatory, we shall now proceed to deal with the facts of the present case.

42. This cancellation was challenged by the appellants before the High Court, which allowed continuation of study under interim orders, though finally it dismissed the writ petitions filed by these appellants. At that time, they had already completed more than four years of the MBBS course to which they were admitted. Today, they have already appeared for their final examination.

50. On the peculiar facts and circumstances of the case, though we find no legal or other infirmity in the judgment under appeal, but to do complete justice between the parties within the ambit of Article 142 of the Constitution of India, we would permit the appellants to complete their professional courses, subject to the condition that each one of them pay a sum of Rs.5 lakhs to the Jagdalpur College, which amount shall be utilized for developing the infrastructure in the Jagdalpur College.

52. We are imposing heavy costs upon these appellants to ensure that such admissions are neither accepted nor granted leave to complete their medical courses in future.

53. We would, thus, hereby issue directions on the one hand and order initiation of contempt proceedings against all the defaulting parties under the provisions of Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India.

ORDER :

With all the humility at our command, we request the High Courts to ensure strict adherence to the prescribed time schedule, process of selection and to the rule of merit.

4. We have categorically returned a finding that all the relevant stakeholders have failed to perform their duty/obligation in accordance with law. Where the time schedules have not been complied with, and rule of merit has been defeated, there nepotism and manipulation have prevailed. The stands of various authorities are at variance with each other and none admits to fault. Thus, it is imperative for this Court to ensure proper implementation of judgments of this Court and the regulations of the Medical Council of India as well as not to overlook the arbitrary and colourable exercise of power by the concerned authorities/colleges.

a. Additional Secretary, Ministry of Health & Family Welfare, Union of India.

b. Dr. S.L. Adile, Director, Medical Education.

c. Dean of the Jagdalpur College.

d. Dr. M.S. Banjan, Member of the Selection Committee.

e. Dr. P.D. Agarwal, Member of the Selection Committee.

f. Shri Padmakar Sasane, Member of the Selection Committee.

g. Director General, Directorate of Health Services, Union of India.

6. Notice be issued returnable in two weeks, on which day the matter shall be listed before this Court. Registry shall maintain separate file for that purpose.

7. All concerned authorities are hereby directed to carry out the directions and orders contained in this judgment, particularly paragraphs 30 and 31 of the judgment forthwith. The directions shall be applicable for the academic year 2012-2013 itself.

54. A copy of this judgment shall be sent to all concerned authorities, forthwith, for strict compliance and adherence, without demur and default.

55. Both the appeals are disposed of with the above directions.

[Swatanter Kumar] New Delhi;

May 8, 2012