2016 ALL SCR 899
A. K. SIKRI AND ROHINTON FALI NARIMAN, JJ.
Priya Tiwari & Ors. Vs. Union of India & Ors.
Writ Petition (Civil) No.771 of 2015
4th November, 2015.
Petitioner Counsel: Mr. SHYAM DIWAN
Respondent Counsel: Mr. SOUMITRA G. CHAUDHURI, Mr. PARIJAT SINHA, Mr. GAURAV SHARMA, Mr. PRATEEK BHATIA, Mr. D. MOHAN, Mr. KUNAL VIJANI, Mr. ABHISHEK PRASAD, Ms. BINDI G. DAVE
Admission to Medical College - Cancellation of admission under State quota - Challenge - Petitioners-students from management quota given admission under state quota on account of failure of State Govt. to send list of students by the due date - Extension of time granted for filling up vacant All India seats and not for State quota seats - State Govt. however taking advantage of said order and sent its list terming it as 'mop up round of online counseling' - In the said process admission of petitioners got cancelled - Same is unjustified and illegal - Direction issued to give admission to petitioners. (Paras 4, 5, 6)
JUDGMENT :- The petitioners herein were given admission by the respondent no. 4 College viz. IQ City Medical College, Jamua, Durgapur, West Bengal (hereinafter referred to as 'the Medical College) in MBBS Course on 30th September, 2015. The Medical College is privately managed college and is having, as per the Rules, its own management quota as well. As far as unutilisation of this management quota is concerned, it has the discretion to admit the students of its own choice in the said course. That apart, for the State quota under the State Government, which is Government of West Bengal in this case, sends the nominations to the Medical College for admission. 30Th September, 2015 was the last date for completion of the admission process in MBBS Course. As per the judgment of this Court in Mridul Dhar (Minor) & Anr. vs. UOI & Ors. (2005) 2 SCC 65 and Priya Gupta vs. State of Chhatisgarh & Ors. (2012)7 SCC 433 : [2012 ALL SCR 1619], this date is not extendable by either Medical Council of India or any State Government. Therefore, these judgments also hold that if the seats remain unfilled by that date, those would lapse.
2. It so happened that the Medical College gave admission under its management quota, by 30th September, 2015. However, the State Government failed to send the names for admission of the students under the State quota to the Medical College. In order to ensure that these seats do not lapse and go unutilised, the Medical College gave admission to eight students which were in the management quota list. These included four petitioners as well.
3. Few writ petitions were filed in this Court by certain petitioners who were seeking admission to MBBS/BDS courses under All India Quota. The main plea in these petitions was that while making admission 15% All India Quota seats should not be reduced. In Writ Petition (c) No. 629/2015, which was the lead matter, order dated 15.09.2015 was passed directing that there would not be any admission by the State Governments from All India Quota. After notice, these writ petitions were disposed of vide order dated 28th September, 2015 with the following directions:
"1. All India Quota shall remain 15%.
2. The admissions shall be strictly in accordance with merit as stipulated in para 15 of the Information Bulletin/Rules.
3. While making the admissions the directions contained in para 19 of Mridul Dhar(Minor) & Anr. vs. Unio of India & Ors. [(2005) 2 SCC 65] shall be borne in mind."
4. Thereafter, I.A. Nos. 2 to 5/2015 were moved in the aforesaid writ Petition(c) No. 629/2015 seeking extension of time beyond 30th September, 2015 for filling up of the vacant/left over All India Quota seats on the ground that there was a stay order given by this Court on 15th September, 2015 which remained operative till 28th September, 2015 and thus, there was no sufficient time left for the States/Universities to complete the process. Going by the aforesaid consideration, the prayer made in the aforesaid interlocutory applications was allowed vide order dated 1st October, 2015 extending the time for filling up the vacant/left over All India Quota seats by 7th October, 2015.
5. After the aforesaid order was passed, the respondent-State i.e. State of West of Bengal, taking advantage of this order, sent its list to the Medical College/respondent no. 4 terming the same as "mop up round of online counselling". As the Medical College was directed to admit the students, the names whereof were sent by the State of West Bengal, the Medical College obliged the State by implementing the directions contained therein and in the process cancelled the admission of six students including the four petitioners herein. Challenging this action of the respondents, present writ petition is filed.
6. After hearing learned counsel for the parties, we are of the opinion that action of the respondents in cancelling the admission of the four petitioners is clearly unjustified, untenable and illegal. CW 629/15 was concerned with altogether different issue. Moreover, Order dated 1st October, 2015 passed in I.A. Nos. 2 to 5 of 2015 in Writ Petition (C) No. 629 of 2015 had permitted filling up of vacant/left over All India Quota seats only. This order did not pertain to the filling up of State Quota seats. In fact, as far as State Quota seats are concerned, there was no embargo or restraint put by this Court in its order dated 15th September, 2015. Therefore, it was always open to the State of West Bengal to forward its list to the Medical College for admitting the students from its quota. As mentioned above, State Government i.e. State of West Bengal failed to do so by 30th September, 2015 which necessitated the Medical College to fill up the vacant/left over seats by accommodating the petitioners herein and few others. Otherwise those seats would have gone waste. Therefore, it was not open to the State Government to send its list on the basis of the aforesaid order. It is nobody's case that the admission given to the petitioners was contrary to any Rules, Statutes or Ordinances of either of the University or the Medical Council of India. Once these petitioners were validly admitted, there was no reason to dislodge them, that too on the basis of "mop up round of online counselling' of the State Government which was not permissible after 30th September, 2015.
7. From the facts narrated above, it is clear that some other students have already been admitted in the Medical College/respondent no. 4. Therefore, it may not be advisable to cancel their admission when we find that there are many other seats which remain unfilled in other colleges. Mr. Shyam Diwan, learned senior counsel has brought to our notice the reply filed by the State of West Bengal in I.A. No. 1 of 2015 in Writ Petition (C) No. 670/2015 in this Court. In that reply, it is categorically mentioned by the State Government that 58 seats still remain vacant as on 10th October, 2015, when the said reply was filed. Therefore, insofar as petitioners and other two whose admission has been cancelled are concerned, they can always be accommodated against the aforesaid seats. We are conscious of the fact that in normal course such seats which remained unfilled have to lapse. However, the directions of the aforesaid nature have become imperative having regard to the peculiar and difficult situation that is created by the State Government as stated above.
8. We, thus, dispose of this writ petition with the directions to the State Government of West Bengal to give admission to these four students as well as two others namely Ms. Matcha Priyadarshini and Mr. Tooneer Mallick, whose admission was also cancelled by the Medical College/respondent no.4 along with these petitioners, and the affiliating University shall register their admission.