Case BriefsHigh Courts

Delhi High Court: Prathiba M. Singh, J., while addressing the present petition issued directions with regard to the counselling process at the time of admission into Medical Postgraduate.

Petitioner a qualified doctor filed the present petition praying to preserve his admission at the Maulana Azad Medical college for MD (Pathology).

Petitioner belongs to the Economically Weaker Section and holds an EWS certificate from the State of Kerala. Petitioner had appeared for NEET Examination on 5-01-2020.

After the results, as a procedural step, the petitioner had to register himself for counselling for various quotas wherein he applied for the All India Quota, Central Inst. Quota and the Delhi University Quota.

Petitioner had obtained a seat for MD (Pathology) in MAMC and after the process for admission was completed in the evening he was informed by the college staff that he had been wrongfully allotted a seat under the Delhi University Quota and thus his admission could not be confirmed.

He did not get any clarity from the authorities on the said decision and hence filed the present petition.

Decision and Analysis

Delhi University Quota

Bench on perusal of the averments and facts of the present matter observed that there was no doubt about the fact that the petitioner ought to have been conscious of the fact that he would not have been eligible under the Delhi University Quota.

Prior to the registration for counseling, the eligibility criteria for each of the institutional quotas are already set.

Court observed that in order to avail of a PG seat in Delhi University Quota, the candidate must have passed his/her final MBBS from Delhi University.

Petitioner is clearly not qualified from the Delhi University Quotaand he was at best entitled to a seat in the All India Quota or in the State Quota for Kerala depending upon his rank.

Hence in view of the above-stated position, Court opines that the petitioner does not satisfy the eligibility for being considered in DU Quota and therefore the relief sought is not tenable.

Further, the Court added that the said confusion could have been avoided if there were proper checks at different levels of counselling.

The Court while being empathetic with the position in which the Petitioner currently finds himself, however, cannot direct confirmation of his admission in MAMC under the Delhi University Quota.

Bench directed the State of Kerala to allot any unfilled seat to the petitioner in a post-graduate medical course to enable him to take admission on or before 31-08-2020.

To avoid situations as arose in the present case, the Court passed the following directions:

  • At the time of registration for counselling there shall be a specific field in which candidates would be required to fill up with details of the college and the University from where they have completed their M.B.B.S. course.
  • Upon the said field being incorporated, the system should be designed in such a manner that only those quotas for which the candidates are eligible would be made available to the candidates.
  • After registration, prior to the allotment of seats, the data submitted by candidates shall be cross-verified with the data available with MCC so that wrong allotment is not made.

In view of the above, the present petition was disposed of. [Dr Machat Balakrishnan Menon v. Medical Council of India, 2020 SCC OnLine Del 1086, decided on 25-08-2020]

Case BriefsSupreme Court

Supreme Court: The 2-Judge Bench comprising of R.F. Nariman and M.R. Shah, JJ.  addressed a grievance of the students of 1st year MBBS Course, alleging that respondent college has not got its act in order.

The petitioners in the present case have submitted that they be transferred from Respondent 5 college to any other college in the State and be allowed to take their examination after having completed the first year of MBBS.

Mr J.K. Sethi, Learned Deputy Advocate General of the State of Uttarakhand  stated that the State Government would be willing to take over the students and Respondent 5 along with its infrastructure and assets, so that it could then meet both the Medical Council of India’s norms and affiliate with Hemwati Nandan Bahuguna, Uttarakhand Medical University.

The Supreme Court while laying down its order, directed Respondent 5 to hand over the land, building and all assets as stated, to the State Government. Further, on an application being made by the State Government to the stated University, the University will after making an inspection, as per its statutes, proceed to take steps either to grant affiliation or otherwise.

The Court also made it clear by stating that, if the aforestated University affiliates the institution and the Medical Council of India grants permission, students who have taken first year course, can then sit for the first year examination of MBBS. Director General of Police, Dehradun was directed to seal the aforesaid premises. The matter is listed on 13-12-2018 for further hearing. [Sourabh Brala v. Union of India,2018 SCC OnLine SC 2729, Order dated 06-12-2018]