ASHISH RANJAN AND ORS.· versus UNION OF INDIA AND OTHERS
[2017] 4 S.C.R. 78, Supreme Court of India, 2017
Outcome: Rejected
Segment: Arguments
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[2017] 4 S.C.R. 78 
ASHISH RANJAN AND ORS.· 
v ... 
UNION OF INDIA AND OTHERS 
(I.A. Nos, 45538, 45540 and 45542 of2017) 
PEOPLE'S UNIVERSITY· 
... APPLICANT . 
with 
(LA. Nos. 45855, 45856 and '45859 of 2017) 
MALWANCHAL UNIVERSITY INDORE 
... APPLICANT 
Ill 
(Writ Petition (Civil) No. 76.of2015) 
JUNE 09, 2017 
[ASHOK BHUSHAN AND DEEPAKGU.PTA, JJ,] 
Education/ Educational Institutions: · 
Admission to Medical Colleges - Counselling for admission 
in Post-Graduate Courses - Applications seeking extension of time 
for completing the counselling in accordance with the order of this 
Court dated 09.05.2017 such that unfilled seats in the Applicants' 
Units be filled up - Submissions by the State that the first and second 
counsellings were completed within time, MOP-up counselling was 
. also conducted and completed on 31.05:2017 and admissions have 
been completed and some seats could not be filled up because no 
student opted for those seats, thus, no growid to grant any extension 
of time beyond 31.05.2017 - Held: Order dated 09.05.2017 is 
confined to admission to Under-Graduate Courses only and not 
related to PG Courses - In order dated 09. 05.2017, the State 
Government was directed to determine the number of seats that are 
still vacant and thereafter, to forward a list of students in order of 
merit, equalling to ten times the number of vacant seals to the Medical 
College such that in case of any stray vacancy arising in any 
College, the said
seat may be filled up from the said list- Jn admission 
to the PG Courses both merit and preference of candidates are 
looked into - Had the Court by issuance of direction in order dated 
09.05.2017 intended the sending often times the number of vacancies 
78
ASHISH RANJAN v. UNION OF INDIA AND OTHERS 
of each PG Courses,· there would have been further elaboration 
pertaining to discipline and drawing of inter se merit - Furthermore, 
when the order dated 09. 05.2017 is itself not applicable to PG . 
Courses, the Government Circular dated 26.05.2017 issued in 
misconception that order dated 09.05.2017 iS applicable to PG · 
Courses, is also not effective - Thus, the applications are unfounded 
and applicants not entitled to any relief . 
· 
CIVIL ORIGINAL JURISDICTION: l.A. Nos. 45538, 45540 
and 45542of2017 
WITH 
I.A. Nos. 45855, 45856 and 45859 of20 I 7 in Writ Petition (Civil) 
No. 76 of2015. 
Under Article 32 of the Constitution oflndia. 
Venkateswara Rao Anumolu, Adv. for the·Petition'ers. 
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S. S. Shamshery, AAG., Ajit Sinha, Salman Khurshid, Sr. Advs., 
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Ajay Sharma, Ms. Rekha Pandey, R. K. Rathore, G. S. Makker, Ravi 
Kant, Ran jay Kumar Pandey, Amit Sharma, Ms. Ruchi Kohli, Advs. for 
the ,Respondents. 
The Order of the Court was delivered by 
ASHOK BHUSHAN, J. I. These applications have been filed 
by two private Universities, namely, People's University and Malwanchal 
University Indore. In both the applications Applicants have made identical 
prayers which are to the following effect: 
"In view of the above it is most respectfully prayed that this 
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Hon 'ble Court may be pleased to: 
a) Allow the present application for intervention; 
b) Permit the applicant to intervene in the presellf Petition; 
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c) Pass such other and further orders as this Hon 'ble Court 
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may deem fit and proper in the facts and circumstances of 
the present case. " 
2. The case of the Applicants is that the State ofMadhya Pradesh 
conducted counselling for admission in Postgraduate Medical Courses 
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[2017] 4 S.C.R.' 
as per·schedule dated 03.05.2017. It is stated that there was delay in 
··holding first and second counselling. Two counsellings were completed, 
first between 11.05.2017 to 20.05.2017 and second between 23.05.2017 
to 29.05.2017. 
3. Reliance has been placed by the Applicants on orc!er dated 
· 09.05.2017 passed in Writ Petition (C) No.267 of20l 7 and the circular 
dated 26'h May, 2017 issued by the Government of India, Ministry of 
Health and Welfare consequent to the aforesaid order of this Court dated 
09.05.2017. It is contended thatthere was an order of Madhya Pradesh 
High Court in Writ Petition No.7900 of2017 dated 29.05.2017. Before 
the High Comt the State.·Government has submitted that cou11sell ing will 
be completed on 31.05.2017 as per directions of this Court. 
4. Learned counsel submits that as per order dated 09.05.2017 
for manual admission process after ascertainment of the number of seats 
vacant, only 30 minutes time was left between I 1 .30 PM and 12 PM on · 
31.05.2017. It is further stated that revised schedule which was published 
on 30.05.2017 does not indicate that the compliance of the order of this 
Court dated 09.05.2017 was ensured. It was further contended that no 
list of the students as contemplated by order dated 09.05.2017 was 
provided by the State, consequently 17 seats in Peoples College of Medical 
Sciences and Research Centre, I 0 seats in Peoples College of Dental
Sciences and Research Centre and 12 seats in Peoples Dental Academy 
could not be filled. It is useful to refer to the avennents made in paragraph 
10 of the People's University Application to the following e.ffect: 
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. "JO. That afte~ the aforesaid order, i;lated 29.05.2017, passed 
. in IBP. No. 790012017, the State Government issued the order, 
d(lted 29. 05,2017, prescribing inter alia that as per the 
circular, dated 26.05.2017 issued by the Ministry of Health 
.· ·. · ' and Fainily·Welfare, the seats would be filled up on 31.05.2017 
after 7 PM ·However, ·the aforesaid schedule was further 
revised on 30.05.2017 and now only 30 minutes lime i.e. 11:30 
PM to 12 PM on 31.05.2017 is given to the applicant and 
otl1el· colleges io fill up the vacant seats as perthr: notification 
dated 26.05.2017, 
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As directed, the representatives of the applicant were present 
at the scheduled time. but no list of student was given and the 
State of MP. has not only violated this Hon. Court's order, 
dated 09.05.2017 passed in WP.(C)No.26712017 read with
ASHISH RANJAN v. UNION OF JNDIA AND OTHERS 
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[ASHOK BHUSHAN, J.] 
circular, dated 26.05.2017 issued by the Ministry of Health 
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and Family Welfare but the ordeY,. dated 29.05.2017 passed 
by the Hon. High Court of MP in WP No. 790012017 as well. 
·As the consequences were inevitable, following seats are still 
lying vacant: 
S.NO. .. NAME OF CONSTITUENT 
NUMBER OF 
UNIT 
VACANT SEATS 
1. 
Peoples College of Medical 
17 seats 
Science~ and Research 
Centre 
2. 
Peoples College of Dental 
JO seats 
Sciences and Research 
Centre 
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Peoples Dental Academy 
12 seats 
5. In.the applicati~n filed on behalf ofMalwanchal University 
Indor~ also si;nilar averments were 1nade and it is further stated that in 
the Constituent Unit of the University that is Peoples College of Medical 
Sciences and Research Centre, 17 seats could not be filled up. 
6. Learned counsel fotthe Applicants- on the aforesaid premise 
prayed that the time for completing the counsellin·g in accordance with 
the order dated 09.05.2017 be extended so that un,tfoed seats in the 
Applicants' Units be filled up. 
7. Learned coui1sel for State of Madhya Pradesh refuted the 
submissions made by the learned counsel for the Applicants. It is 
contended thatthe first and second counsellings were completed within 
time. Mop-up counselling was also conducted and completed on 31" 
May, 2017 and admissions have been completed. Some seats could not 
·be filled up because no student opted for those seats. It is subniitted
that 
there is absolutely i10 ground to grantany extension of time beyond 31" 
May, 2017 as .prayed by the Applicants. 
8. Shri Gaurav Sharma, learned comiselappearing for the Medical 
Council oflndia submits that order dated 09.05.2017 passed in Writ 
Petition (C) No.267of2017 relied on by the Applicants does not relate 
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to admission ii1 PG Courses. He submits that order dated 09.05.2017 
was issued with regard to admission in MBBS Courses. Hence, very 
basis of the Application is unfounded. Shri Gaurav Sharma has referred 
to order dated 03.05.2017 passed in Writ Petition(C) No.261and292 of 
2017, and other Writ PetitiOns which, according to him, dearly mentioned 
that matter was further directed to be listed on 4ih May, 2017 for 
considering the procedure for admission in Under-Graduate Courses. 
He submits that order dated 09.05.2017 has to be confined to admission 
to the MBBS Courses only and not relating to Postgraduate Courses. 
9. We have considered the submissions of the parties and perused 
the records. 
I 0. The very basis of the Applications filed by both the Universities, 
is the order dated 09.05.2017 passed by this Court in Writ Petition(C) 
No.267of2017 and other Writ Petitions reliance has been placed by the 
learned counsel on the direction No. 7 which is to the following effect: 
"7. In order to ascertain the number of seats that still remain 
vacant after the counselling the State Government or the 
authority designated by the State Government shall conduct 
manual counselling for allot111e11t of students. After the 
completion counselling, the State Government shall determine 
the number of seats that are still vacant and thereafter shall 
forward a list of students in order of merit, equaling to ten
times the number of vacant seats to the medical college so 
that in case of any stray vacancy arising in any college the 
said seat may be filled up from the said list. " 
11. Applicants have also relied on circular issued by the Government 
oflndia, Ministry ofHealth and Family Welfare dated 26.05.2017 which 
is to the following effect: 
"Sub: Counseling for admission in PG Course in Medical 
Colleges - regarding 
Sir /Madam 
In continuation to this Ministry s letter of even number dated 
JI. 05.20I 7 on the subject mentioned, I am directed to 
reproduce para-7 of the order of Hon 'ble Supreme Court 
passed on 09:05.20I7 in WP© No. 26712017 in the matter of 
DAR· US-Slam Educational Trust Vis Medical Council of India:
ASHISH RANJAN v, UNION OF INDIA AND OTHERS 
. [ASHOK BHUSHAN, J.) , 
"In order to ascertain the number of seats that still remain 
vacant after the counseling the State Government or the 
authority designated by the State Government shall conduct 
manual counselling for allotment of students. After the 
completion counselling, the State Government shall determine 
the number of seats that are still vacant and thereafter shall 
forward a list of students in order of merit, equalling "to ten 
times the number of vacant seats to the medical college so · 
that in case of any stray vacancy arising in any college the 
said seat may be filled up from the said list," 
2. In view of the above, all the State/UT Governments are 
requested to conduct mop-up round of counseling first. After 
the completion of mop-up counseling, the number of seats . 
that are still vacant may be determined and list of students in 
order of merit, equalling to ten times the number of vacant 
seats shall then be forwarded to the medical colleges 
concerned. In any case, last date of admission i.e. 31.05.2017 
will remain unchanged. 
·Yours. sincerely, 
Sd/-
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(D. V. K. Rao) 
Under Secretary to the Government of India 
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Tele: 011-2306 2959" 
12. One of the issues which has been raised in these Applications 
is with regard to the applicability of the order dated 09.05.2017 with 
regard to the Postgraduate Courses. 
13. Shri Gaurav Sharma has referred to order dated 03.05:2017 
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passed in
Writ Petition (C) No.261 of2017 and other Writ Petitions 
where this Court afterhearing learned counsel for the parties has passed 
the following directions: 
"Having heard learned counsel/or the parties and keeping 
in view our earlier order passed in W.P.(C) No.270 of 2017 
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on 27th Marc'h, 2017, it is directed as under:-
(a) The concerned State.s which have been arrayed as 
respondents herein, shall carry out the counseling and the 
authorized representatives of the colleges who are the 
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petitioners herein, shali remain present at the time of 
counseling. 
(b) When the counseling co1)lmences, the authorized 
representatives who have been directed to remain personally 
present, 1iiay assist the counseling authorities for allocation 
of students to their colleges from a11101igst the minorities on 
the basis of their merits. 
(c) The decision taken in the. counseling committee shall be 
implemented .by the colleges so that har111017y is maintained. 
(d) The representatives of the colleges shall identify the f:tatus 
of minority, but what will ultimately prevail is that the 
candidate belonging to minority candidate must fit into the 
compartment of merits. To clarify, if a student is meritorious 
and beiongs to the minority community, he shall hai>e priority 
in admission. 
(e) The 70% of the seats shall be filled up fi'om amo11gst the 
minority stude11ts and bala11ce shall be.filled up by the general 
'category. In case, there are il~adequate students meeting the 
criteria, that is, minority status and merit,· then the same shall 
be filled up on consent.from other cat1:;gories. 
The aforesaid order covers filling up of posts in .the post 
graduate courses. As there is dual prayer i11 these writ 
petitions, which also relate to under graduate courses, let the 
\vrit petitio11s be listed on 4th May, 2017, only for the said 
relief" . 
14. A perusal of the aforesaid order indicates that the
next date 
that is 41h May, 2017 was fixed for consideration of relief pertaining to 
. Urider-Graduate <:;ourses .. Shri .SJ1arma submits that the matter could 
' not be heard on 04.05.2017 on which date it was adjourned to 08.05.20.17 
and ultimately order was passed Oli 09:05.2017.A perusal of the diredion .· 
Nos:&, 9'and 10 indicate that the directions pertain to admlssion of the 
students belonging to minority community which directions have be.en 
quoted below: 
"8. In the applica,tions submitted by the stude1its belonging to 
the minority community they should con.firm their minority 
status as well as the fact that they fulfill other conditions which
· · ASHISH RANJAN v. UNION OF INDIA AND OTHERS 
[ASHOK BHUSHAN, J.] 
may be prescribed by the minority institutions. Accordingly. 
the DGHS as well as the State Government shall prepare a 
separate list of minority students seeking admissions in the 
respective minority institutions in order of merit. The competent 
authorities of the College present during counseiling shall 
check/verify the minority status of the candidate. This 
arrangement is only meant for the State Quota. 
9. During the common counselling conducted by the State 
Government, the representatives of the ·medical colleges 
particularly representative of minority institutions should be 
a part of the admission/counselling committee as the case may 
be. 
10. Common counselling conducted by the DGHS/State 
Government will not in any manner a.ffectthe rights of m,inority 
institutions to admit students of their respective minority 
community. The ·minority quota seats, if any, in institutions 
run by minorities will be filled up by minority students only. 
Therefore, the rights of minority· institutions are fully 
·protected. " 
15. A perusal of directions issued on 03.05.2017 clearly indicate 
that with regard to admi.ssion of candidates belonging to minority 
community several directions were already issued with regard to the 
admission in Post-graduate courses as per order dated 03.05.2017. When 
this Court has already issued an order ensuring students of minority 
conimunity be admitted after proper
verificatio11on03.05.20i7 itself, 
there was no occasion to issue further directions on the saine subject on. 
09.05.2017, ifboth the orders relate to Post-graduate admissions. This 
clearly gives support to the submission made by the learned counsel of 
Medical Counsel of India that order dated 09.05.2017 confines to 
admission to Under-Graduate Courses. 
16.ln order dated 03.05.2017 following was specifically mentioned: 
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" "The aforesaid order covers filling zip of posts in rhe post . G 
· • graduate courses. As there is dual prayer in these writ 
petitions, which also relate to under graduate courses. let the 
writ petitions be listed on 4'" May, 2017, only for the said 
relief" 
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17. Above order dated 03 .05.2017 clearly indicates that matter 
was to be further listed on 04.05.2017 for considering the relief relating 
to Under-Graduate Courses. On 4m May, 2017 matter could not be taken 
up and adjourned to 08.05.2017 and ultimately order was issui:d on 
09.05.2017. Thus, order dated 09.05.2017 has been reproduced above 
in reference to above paragraph. The above paragraph of order dated 
03 .05.2017 clearly supports the contention ·of Shri Shanria that order 
dated 09.05.2017 relates to admission of Under-Graduate. 
18. The order passed by this Cou1t on 27'h April, 2017 in Writ 
Petition {C) No.270 of2017 when read with order of this Court dated 
09.05.2017 passed in Writ Petition (C) Nos.267, 292, 270 of2017 also 
leads to the same conclusion. Order dated 27'h April, 2017 in Writ 
Petition(C)No.270 of2017 also contains various directions for academic 
year 2017-2018 in reference to Post-graduate admissions. In Writ Petition 
(C) No.270 of20l 7 following order was passed: 
"W.P. CC) No.27012017 
Heard Mr. Sun/I Gupta, learned senior counsel along 
with Mr. Romy Chacko, learned counsel for the petitioners 
and Mr. Vikas Singh, learned senior counsel along with M1: 
Gaurav .Sharma, learned counsel for the respondents. 
As stated on the earlier occasion, memoral1da have been 
filed by both the parties indicating solutions. The solutions 
that ha\Je been arrived at after due deliberation
for the present 
academic year i.e. 2017-2018 are as follows:-
(i) The authorized representatives of the colleges, who are 
petitioners herein, shall remain present at the time of 
counseling. We have used the. word 'counseling' as Mr. Gupta, 
teamed senior counsel has submitted that the first counseling 
has not yet been done in respect of these colleges. Mr. Vikas 
Singh, learned senior counsel would submit that when there 
. is a C0/111110n counseling, ·(he question of ho/ding counse/ing 
for four. institutions does not arise. Be that as it may, that 
need not be adverted to at the pr.esent. 
(ii) The second counseling is going to take place on 11th 
May, 2017. On that day, the authorized representative of the 
petitioner-colleges shall remain present and students shall be
AS HI SH RAN JAN v. UNION OF INDIA AND. OTHERS 
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[ASHOK BHUSHAN, J.] 
allocated to their colleges on the basis of merits: Needless to 
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say, t~e counseling shall be done by the State or anx university 
or authority that has been nominated by the State. 
(iii) At the time of counseling, the candidates who are inclined 
to take admission in these colleges shall furnish an 
undertaking that they will do service in the Mission Hospitals 
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connected with the present colleges after completion of the 
post-graduate course for a period WP(C) 261117 7 of one 
. year. 
(iv) Th~ aforesaid prescription shall only be applicable to the 
minority students admitted by the petitioner-colleges on the 
basis of the common counseling. The representative of the 
colleges shall identify the status of minority, but what will 
ultimately prevail is that the minority candidate must fit into 
the compartment of merits. To clarify, if a studei1t is meritorious 
· and belongs to the minority community, he shall have the 
priority in admission. 
· (v) The decision taken in the counseling committee shall bi 
implemented by the colleges so that harmony is maintained . . 
The present order shall apply only to the post graduate 
admissions. 
As far as the issue regarding under-graduate course is 
concerned, Mr. Vikas Singh, prays for three days time to come 
up with set up of solutions. 
Let the matter be listed for the said purpose on 4 th May, 
2017." 
19. Writ Petition (C) No.270of2017 along with
other Writ Petitions 
were listed on 4rh May, 2017, as directed on which date matter was 
adjourned to 8'h May, 2017. Ultim~tely, order dated 9rh May, 2017 was 
passed in Writ Petition (C)Nos.267, 292, 270, 227 and 258 of2017. It 
has already been referred to above. Order dated 27'h April, 2017 as 
extracted above specifically mentioned: 
" .... The present order shall apply only to ·the postgraduate 
admissions. 
As far as the issue regarding under-graduate course is 
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concerned, Ml: Vikas Singh, prays for three days time to come 
up with set up of solutions. 
Let the matter be listed for the said purpose on 4'h May, 2017." 
20. Thus, 41h May, 2017 which was fixed and ultimately \vhen 
order dated 91h May, 2017 was passed same was only in reference to 
Under-Graduate Course. 
21. There is one more reason for coming up to the aforesaid 
conclusion. In order dated 09.05.2017, the State Government has been 
directed to determine the number of seats that are still vacant and 
. thereafter is to forward a list of students i~ prderofmerit, equalling to 
ten times the number of vacant seats to the Medical College so that in 
case of any stray vacancy arising in any College the said seat may be 
filled up from the said list. Jn admission to the Post-graduate Courses 
both merit and preference of candidates are looked into. Had the Court 
vide direction No.7 of the order dated 09.05.2017 intended the sending 
of ten times the number of vacancies of each Post-graduate Courses, 
there would have been further elaboration pertaining to discipline and 
drawing of inter se merit. 
22. We are, thus, of the considered view that order dated 
09.05.2017 does not relate to admissio.n into Post-graduate Courses and 
is confined to admission in Under-Graduate Courses as noted above. 
23. Coming to circular issued by the Government oflndia, Ministry 
of Health and Family Welfare dated 26'h May, 2017, the
said circular 
has been issued on the strength of the order of this Court dated 09.05.2017 
in Writ Petition (C) No.267 of2017. It appears that the said circular has . 
been issued by Government ·of lndia, Ministry of Health and Family 
Welfare in misconception that order dated 09.05.20 I 7 is applicable to 
the admission to the Post-graduate Courses. When the order dated 
09.05.2017 is itself not applicable to Post-graduate Courses, circular 
dated 26.05.2017 is not effective. 
24, W,e are, thus, of the view that very basis of the Applications 
filed by the Applicants is unfounded and Applicants are not entitled to 
any relief in these Applications. All the IAs are rejected. . 
. 
Nidhi Jain 
IAs. rejected.