Association of Private Medical and Dental Colleges of Chhattisgarh v. State of Chhattisgarh, (SC) BS870593
SUPREME COURT OF INDIA

Before:-Prafulla C. Pant and Deepak Gupta, JJ.

Special Leave Pettion (C) No. 16282 of 2017. D/d. 13.6.2017.

Association of Private Medicaland Dental Colleges of Chhattisgarh - Petitioner

Versus

State of Chhattisgarh And Ors. - Respondents

For the Petitioner :- Yatindra Singh, Sr. Adv., Kaustubh Anshuraj, Advocates.

A. Admission - Postgraduate and super speciality courses in Medical and Dental Colleges - Extension of time for carrying out admission - Prayer for - Plea that the State did not conduct the counselling within time and it did not give proper publicity to the reduction of the cur-off marks for admission repelled - Two rounds of counselling and one mop-up counselling was done - Though schedule was not strictly adhered to but as far as the 2nd round of counselling was concerned that was completed by 27th May and mop-up counselling completed by 30th May, 2017 i.e. before 31st May, 2017 - No ground for grant of extension of time for carrying out admission.

[Paras 2 and 3]

B. Admission - Postgraduate and super speciality courses in Medical and Dental Colleges - Extension of time for carrying out admission - Prayer for - Plea that a larger number of seats are lying vacant which will result in wastage of seats repelled - Held that seats remained vacant in Medical Colleges for various reasons - Doctors are not willing to take admission in non-clinical courses especially in private colleges where fees are very high - Schedule must be strictly followed - Find no reason to extend the time.

[Para 6]

Cases Referred :-

Ashish Ranjan v. Union of India, WP (C) No. 76 of 2015.

Ashish Ranjan v. Union of India, I.A. Nos. 45538, 45540 and 45542 of 2017 with I.A. Nos. 45855, 45856 and 45859 of 2017 in Writ Petition (Civil) No. 76 of 2016.

Dar-us-Slam Educational Trust v. MCI, WP (C) No. 267 of 2017.

JUDGMENT

Deepak Gupta, J. - This petition is directed against the judgment and order passed by the High Court of Chhattisgarh whereby the petition filed by the petitioner for extending time for carrying out admissions to post graduate and super speciality courses in Medical and Dental Colleges in the State of Chhattisgarh was dismissed.

2. The main contention raised on behalf of the petitioner is that the State did not conduct the counselling within time; the State did not give proper publicity to the reduction of the cut-off marks for admission to Post Graduate Courses; the State did not send the list of eligible candidates as per the judgment in Dar-us-Slam Educational Trust and Ors. v. MCI and Ors. [WP (C) No. 267/2017]. Lastly, it is contended that a large number of seats are lying vacant which will result in wastage of seats.

3. In Ashish Ranjan & Ors. v. Union of India & Ors. [WP (C) No. 76/2015], this Court laid down a schedule to be followed for admission to medical colleges. This schedule, as approved by this Court, must be followed to ensure that medical education standards are not lowered as per the schedule laid down in Ashish Ranjan case (supra). The 1st round of counselling was to be completed from 9th to 10th May 2017. The 2nd round of counselling was to be completed from 11th to 20th May, 2017 and last date for admission is 31st May, 2017. All the States have followed the system of mop-up counselling which had to be done before 31st May, 2017. As far as the State of Chhattisgarh is concerned, the 1st round of counselling was conducted during the period 16th to 22nd May, 2017; the second round of counselling was conducted from 24th to 27th May, 2017 and the mop-up counselling on 30th May, 2017. Therefore, two rounds of counselling and one mop-up counselling were done. True, it may be that the schedule was not strictly adhered to but as far as the 2nd round of counselling was concerned that was completed by 27th May, 2017 and mop-up counselling was completed by 30th May, 2017 i.e. before 31st May, 2017. Therefore, there is no ground why the extension should be granted.

4. As far as lowering of the standards and cut-off marks are concerned, notification in this regard was issued by the Medical Council of India on 24th May, 2017 well before the last date i.e. 31st May, 2017. All the candidates and colleges should have been made aware about the lowering of the cut off marks.

5. As far as the third contention is concerned, this Court in I.A. Nos. 45538, 45540 and 45542 of 2017 with I.A. Nos. 45855, 45856 and 45859 of 2017 in Writ Petition (Civil) No. 76 of 2016, Ashish Ranjan and Ors. v. Union of India and Ors. has dealt with this issue and come to the conclusion that the order in Dar-us-Slam case (supra) is not applicable to post graduate courses and is applicable only to under graduate courses. This Court rejected the contention that the order in Dar-ul-Slam (supra) or the letter of the Union of India dated 26.05.2017 are applicable to post-graduate courses. This Court held as follows:

6. Seats remain vacant in Medical Colleges for various reasons. Doctors are not willing to take admission in non-clinical courses especially in private colleges where fees are very high. In our view, the schedule must be strictly followed and we find no reason to extend the time.

The special leave petition is accordingly dismissed.

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