# MRIDUL DHAR (MINOR) AND ANR v. UNION OF INDIA AND ORS

- **Citation:** [2005] 1 S.C.R. 380
- **Court:** Supreme Court of India
- **Decided:** 2005-01-12
- **Bench:** Y.K. Sabharwal, D.M. Dharmadhikari, Tarun Chatterjee
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mridul-dhar-minor-and-anr-v-union-of-india-and-ors-20433
- **Pages:** 28

## Headnote

·Education:
C
MBBSIBDS Courses-Admission to-Streamlining of-All India Quota
-Non adherence to the time schedule for completion of admission processChallenge to-Held: Timely action for entrance examination, declaration of
results and availability of mark sheets by CBSE and other education Boards
is of paramount importance for effective utilization of All India Quota of
medical and dental seats so that everyone has equal opportunity-State,
D Universities, Medical Colleges cannot deny total impartiality in the matter of
admission to professional colleges as seats are limited and system should be
so worked out that no meritorious student is left out-Declaration of result
and counseling for filling State quota should precede counseling for All India
quota so that those accommodated in the former may not have to run to Delhi
E from far off places-All concerned must observe norms issued by Supreme
Court from time to time-Officers who neglect or cause delay deserve
punishment-Ombudsman needed for efficient working of the systemDirections issued-Constitution of India. Arts. 14, 19.
Non-adherence of time schedule for completion of admission processF Seats for All India Quota reverting to State Quota-Practice deprecated.
A Writ petition was filed on 10th July, 2004 by two students through
their father, apprehending that they may be deprived of seat in All India
Quota despite having achieved meritorious marks in All India Entrance
Examination as many States had not complied with the time schedule for
G completion of the admission process and had not given full information
to DGHS besides not taking into consideration many seats while working
out 15% All India Quota. In absence of the requisite correct information,
meritorious students looking for admission in this category on the basis
of August, 2004 wherein directions were passed requiring State
Government, DGHS, Ministry of Health, Medical Council of India to file
H
380
,
...
,
..
MRIDUL DHAR v. U.0.1.
381
affidavits giving the reasons for delay.
A
On 9th Aug11st, 2004, directions were given to various States to
complete the first counseling of the State quota by 20th August and
thereafter to intimate to the DGHS the seats of All India 15% that may
become available as a result of such counseling. It was further directed B
that All India 15% quota would not revert back to the State quota till
further orders, despite the fact that the second counseling of the All India
15% quota may have been already over, its last dai ~ bdng 8th August
2004. On 3 lst August 2004, it was noticed that many colleges had not
supplied the requisite information. On 1st September, 2004 Court
permitted a limited continuation of the second counseling to only those, C
as per merit, who have not already been admitted in MBBS/BDS Course
in any of the Government Medical College in the country.
The aforesaid direction did not undo injustice to all the students
because only limited counseling was permitted but it was necessary to
adopt that course in larger interests of students and medical education as D
by reopening the entire counseling, there would have been considerable
amount of delay in commencement of course in various colleges.
Having regard to the utter chaos and confusion mainly on account
of non-adherence of the time schedule, parties were permitted to file E
suggestions so that directions could be issued to streamline admissions
from the next year.
Issuing certain directions, the Court
HELD: 1.1. Despite various d~cisions of this Court and laying down F
of time schedule for completion of admission process, the time schedule
has not been adhered to at various stages by various authorities resulting
in otherwise avoidable discontentment and hardship to the candidates. The
observance of the time schedule is paramount for effective utilization to
All India Quota of medical and dental seats. The denial of a seat in college G
of choice on the basis of one's merit position leads to frustration and results
in in

## Text

_Characters 0–39,958 of 63,222. This is a partial read: ask again with offset=39958 for what follows._

A
MRIDUL DHAR (MINOR) AND ANR.
v.
UNION OF INDIA AND ORS.
JANUARY 12, 2005
B
[Y.K. SABHARWAL, D.M. DHARMADHIKARI AND TARUN
CHATTERJEE, JJ.)
·Education:
C
MBBSIBDS Courses-Admission to-Streamlining of-All India Quota
-Non adherence to the time schedule for completion of admission processChallenge to-Held: Timely action for entrance examination, declaration of
results and availability of mark sheets by CBSE and other education Boards
is of paramount importance for effective utilization of All India Quota of
medical and dental seats so that everyone has equal opportunity-State,
D Universities, Medical Colleges cannot deny total impartiality in the matter of
admission to professional colleges as seats are limited and system should be
so worked out that no meritorious student is left out-Declaration of result
and counseling for filling State quota should precede counseling for All India
quota so that those accommodated in the former may not have to run to Delhi
E from far off places-All concerned must observe norms issued by Supreme
Court from time to time-Officers who neglect or cause delay deserve
punishment-Ombudsman needed for efficient working of the systemDirections issued-Constitution of India. Arts. 14, 19.
Non-adherence of time schedule for completion of admission processF Seats for All India Quota reverting to State Quota-Practice deprecated.
A Writ petition was filed on 10th July, 2004 by two students through
their father, apprehending that they may be deprived of seat in All India
Quota despite having achieved meritorious marks in All India Entrance
Examination as many States had not complied with the time schedule for
G completion of the admission process and had not given full information
to DGHS besides not taking into consideration many seats while working
out 15% All India Quota. In absence of the requisite correct information,
meritorious students looking for admission in this category on the basis
of August, 2004 wherein directions were passed requiring State
Government, DGHS, Ministry of Health, Medical Council of India to file
H
380
,
...
,
..
MRIDUL DHAR v. U.0.1.
381
affidavits giving the reasons for delay.
A
On 9th Aug11st, 2004, directions were given to various States to
complete the first counseling of the State quota by 20th August and
thereafter to intimate to the DGHS the seats of All India 15% that may
become available as a result of such counseling. It was further directed B
that All India 15% quota would not revert back to the State quota till
further orders, despite the fact that the second counseling of the All India
15% quota may have been already over, its last dai ~ bdng 8th August
2004. On 3 lst August 2004, it was noticed that many colleges had not
supplied the requisite information. On 1st September, 2004 Court
permitted a limited continuation of the second counseling to only those, C
as per merit, who have not already been admitted in MBBS/BDS Course
in any of the Government Medical College in the country.
The aforesaid direction did not undo injustice to all the students
because only limited counseling was permitted but it was necessary to
adopt that course in larger interests of students and medical education as D
by reopening the entire counseling, there would have been considerable
amount of delay in commencement of course in various colleges.
Having regard to the utter chaos and confusion mainly on account
of non-adherence of the time schedule, parties were permitted to file E
suggestions so that directions could be issued to streamline admissions
from the next year.
Issuing certain directions, the Court
HELD: 1.1. Despite various d~cisions of this Court and laying down F
of time schedule for completion of admission process, the time schedule
has not been adhered to at various stages by various authorities resulting
in otherwise avoidable discontentment and hardship to the candidates. The
observance of the time schedule is paramount for effective utilization to
All India Quota of medical and dental seats. The denial of a seat in college G
of choice on the basis of one's merit position leads to frustration and results
in injustice to the young students. The omission and commission in respect
of admissions adversely affected the career of meritorious students in their
not getting admission in the college of their choice. Any frnstration and
feeling of injustice at an impressionable age at which the students compete
in All India Competition is neither desirable from the point of view of H
either the young students nor for country's future. [388-F-H]
A
382
SUPREME COURT REPORTS
[2005] I S.C.R.
1.2. In various States, the first counseling and· admissions in respect
of State quota seats was not over, many States had not even commenced
the process even though second round of counseling for allotment of seats
from waiting list for All India Quota becoming vacant, as a result of
candidates getting admission under State quota, was to commence on 1st
B August, to be completed by 8th August. The effect of the aforesaid inaction
and also not sending timely intimation to DGHS is to deprive those who
are high up in the merit list of All India Entrance Examination and waiting
to get admission in such vacated seats which otherwise would. l'e'lf;!rt back
to the State quota. The result is to effectively reduce 15% All lndi~-Quota
c
and reporting of vacant seats to DGHS. for admissions for 2004-05, full
and complete justice could not be meted out to all meritorious students
regarding college of their choice as per their position in the merit list, on
account of the time frame and its all India consequences on admissions
and the possible result of extending the admissions much beyond the
schedule date contrary to the aforesaid statutory regulations and resulting
D in grant of midstream admissions. To an extent possible, the seats of All
India Quota should not revert to State Quota. In some cases deliberately
the time schedule is not adhered to so that more number of seats may
i. '
revert to State Quota. Such practice is deprecated with a fond hope that
,,-
such a practice would be discontinued failing which persons responsible
E therefor will have to face the consequences. Total impartiality is the need
of the time and not the so-called loyalty to the State. [394-A-EJ
2. The adherence to the time schedule by everyone is paramount for
the timely grant of admissions, commencement of academic session and
/for closure of the admissions after 30th September each year. In fact, the
F timely holding of 10+2 examination and declaration of its results is also
of paramount importance for the entire admission process. If the results
of CBSE or other equivalent examination are not declared well before the
commencement of.first round of counseling/admission of All India Quota
seats, i.e., 20th June, it is likely to adversely affect the candidates who may
otherwise be toppers in the All India Entrance Examination. The timely
G declaration of result will enable the students to take a decision about
participation in All India counseling or State counseling. By timely
declaration of the results of the State level entrance examination i.e. by
15th June, which is before the start of All India Quota counseling,
candidates and their parents can be saved from facing undesirable
H hardships. [394-G-H; 395-A; 396-D, Fl
3.1. For utilisation of All India Quota to its fullest extent, another
,.
MRIDUL DHAR v. U.0.1.
383
vital stage of admission process is timely reporting to DGHS by Deans or A
any other authority whatever be the designation responsible for giving
information as to the joining and/or non-joining of students after first
round of counseling/admission of the State quota seats. The object of the
admission and last date of joining college in State Quota before the start
of second round of counseling or allotment of seat from waiting list in All B
India Quota clearly is that the correct factual position as to the availability
of the seats ought to be known to the DGHS before start of second round
of counseling. If it is not done number of seats would be lost to the merit
ranking candidates from All India Entrance Examination. They, though
otherwise entitled, would be deprived of those seats and to that extent All
India 15 per cent quota would stand reduced. Such seats get reverted to C
State quota for no fault of the candidates on All India Quota, thus,
reducing the All India Quota and increasing the State Quota. The
intimation is required to be sent to the DGHS well before the
commencement of second round of All India Quota counseling by it. The
details about the vacancy position shall be signed/counter signed by three D
top functionaries responsible for admission to State Quota seats.
1397-A, C-D, G)
3.2. In respect of counseling of All India Quota seats conducted by
the DGHS at Delhi, with the advancement of IT technology, it should be
feasible to conduct counseling of outstation students by availing the E
facilities of video conferencing. (397-H; 398-A)
3.3. There is no difficulty in accepting the suggestion regarding
increase of waiting list from 70% to 100%, since its only effect ·is a little
additional paper work for the DGHS, without any adverse effect on
anybody and possibly the advantage may be to more number of candidates F
as per their merit position depending upon the availability of seats. The
suggestion for the increase of intake from 15% to 20% deserves to be first
examined by the Central Government and the DGHS in consultation with
States/Union Territories and report filed in this Court within four months
so that the issue can be examined with reference to admissions to be made
for All India Quota from the academic year 2006-07. (398-F-G)
G
Dr. Pradeep Jain and Ors. v. Union of India and Ors., (i984) 3 SCC
654; Dr. Dinesh Kumar and Ors. (II) v. Moti/al Nehru Medical College,
Allahabad and Ors., (1985) 3 SCC 22; Dr. Dinesh Kumar and Ors. (II) v.
Motilal Nehru Medi~al College, Allahabad and Ors., (1985) SCC 727; H
384
SUPREME COURT REPORTS
(2005] 1 S.C.R.
A Saurabh Chaudri and Ors. v. Union of India and Ors., 120031 11 sec 146
i
I
B
and Dr. Saurabh Chaudri and Ors. v. Union of India and Ors., 120041 5 SCC
618, referred to.
ORIGINAL APPELLATE JURISDICTION: Writ Petition (C) No. 306
of 2004.
Mohan Parasaran and R. Mohan, Additional Solicitor Generals, Vivek
Tankha, A.K. Ganguly, Prashant Kumar, Ms. Pooja Dhar, Joseph Pookkatt,
Anurag Sharma, Rohan Thawani, M.K. Upadhyay, S. Wasim A. Qadri, Mohd.
Saud, Chander Prakash, Lakshmi Raman Singh, Pragati Nikhra Singh, D.K.
C Sinha, Jasbir Malik, S.K. Sabharwal, Vishwajit Singh, Ashok Kumar Singh,
K.C. Kaushik, Rahul Kaushik, S.C. Gupta, Ms. Pratibha Jain, Ugra Sharikar
Prasad, Goodwill Indeevar, Ms. Malim Poduval, Maninder Singh, Mrs.
Pratibha M. Singh, Angad Mirdha. Saurabh Mishra, Ms. Sandhya Goswami,
Ms. Sushma Suri, D.S. Mahra, Sakesh Kumar, S.K. Agnihotri, Bimal Roy
Jad, Ms. Sunita Pandit, Gopal Singh, _Anurag Sharma, Rituraj Biswas,
D Bhavanishankar V. Gadnis, Mrs. Sunita B. Rao, Mrs. Asha G. Nair, Ms.
Suparna Srivastava, Rajesh Srivastaya, Ms. Deepti Singh, Rahul Srivastava,
Subramonium Prasad, Abhay Kumar, Rahul, V. Senthil Kumar, Avatar Singh
Rawat, Addi.Advocate General for State of Uttaranchal, Jitendra Kr. Bhatia,
Ms. Rachana Srivastava, Govind Kaushik, J.S. Attri, Pramod Kumar Yadav
Krishna Sarma, J.R. Luwang, V.G. Pragasam, Upamanyu Hazarika, Satya
E Mitra, Aruneshwar Gupta, Addi. Advocate General for State of Rajasthan,
Naveen Kumar Singh, Ms. Shivangi, Mrs. Sunita R. Singh, B.B. Singh, Gopal
Prasad, Anand Shekhar, Mukesh K. Giri, Neeraj K. Jain, Sanjay Singh, Ms.
Kavita Wadia; Sanjay P. Hegde, Ms. Kamini Jaiswal, Saqib, Manoj Saxena.
S.K. Mittra, M.P. Meharia, Tara Chandra Sharma, Ms. Neelam Sharma, Ms.
p Shipra Ghosh, K.R. Sasiprabhu, Radha Shyam Jena, Ravindra Keshavrao
Adsure and K.L. Janjani for the appearing parties.
The Judgment of the Court was delivered by
Y.K. SABHARWAL, J. About two decades ago, on June 22, 1984 in
G Dr. Pradeep Jain and Ors. v. Union of India and Ors., (1984] 3 SCC 654,
it was directed that admissions in medical colleges or institutions run by the
Union of India or State Government or a Municipal or other local authorities
for MBBS and BOS courses to the extent of at least 30% shall be granted on
the basis of All India Entrance Examination and 50% in respect of post
graduate courses. The percentage of seats to be allotted on All India basis
H was modified in Dr. Dinesh Kumar and Ors., (II) v. Motilal Nehru Medical
..
MRI DUL DHAR v. U.O I. [SABHARWAL. J.]
385
.
~
College, Allahabad and Ors., (1985] 3 SCC 22 and in Dr. Dinesh Kumar & A
Ors. (If) v. Motila/ Nehru Medical College, Allahabad and Ors., (1986] 3
SCC 727. For MBBS/BDS courses, the All India Quota was directed to be
15% of the total number of seats and 25% of total number of seats for postgraduate courses. The percentage of post-graduate courses has been increased
to 50% Saurabh Chaudri and Ors. v. Union of India and Ors., (2003] 11 B
SCC 146. The higher percentage would be operational from the academic
year 2005 Dr. Saurabh Chaudri and Ors. v. Union of India and Ors., [2004]
s sec 618].
J..
The question whether the All India Quota of MBBS/BDS courses shall
be increased from its present 15% is one aspect but the real and main aspect c
to be considered is about giving full effect to 15% quota by including all
seats while working out 15% quota and by strictly adhering to the time
schedule by the State colleges and institutions.
The aforesaid aspects come to light when this petition was filed on I 0th
July, 2004 by two students through their father, as legal guardian, they being D
minors, apprehending that they may be deprived of seat in All India Quota
>:
despite having secured fairly high ranking on merits in All India Entrance
Examination taken by about 2,00,000 students. It was, inter a/ia, brought to
~
the notice of the Court that various States had not complied with the time
schedule for completion of the admission process and had not given full E
information to DGHS besides not taking into consideration many seats while
working out 15% All India Quota. On 29th July, 17 States/Union Territories
through their Chief Secretaries and Secretaries of their Health Department
were directed to supply to the Director General Health Services (DGHS), the
requisite information as to the date of the tests conducted by the States, the
dates of first counseling and the dates of joining of the candidates. This F
information was of paramount importance as the second counseling for the
..
allotment of 15% All India Quota was to commence from I st August. In
absence of the requisite correct information, meritorious students looking for
admission in this category on the basis of All India Entrance Examination
could be seriously prejudiced. The importance of the time frame has been
G
noticed in brief in the order dated 2nd August, 2004 which reads as under :
"In Regulations (Graduate Medical Education (Amendment)
..
Regulations, 2004 published in the Gazette of India dated l st March,
2004, a time schedule for the completion of the admission procedure
for the First MBBS Course has been provided for (Appendix E). The H
A
B
c
D
E
F
386
SUPREME COURT REPORTS
[2005] I S.C.R.
said time schedule provides that the second round of counseling for
allotment of seats from waiting list from All India Entrance
Examination shall be filled by the Central Government by 8th August.
lt also provides that first round of counseling/admission of seats filled
up by the state/governments/union territories/institutions shall be over
by 25th of July of each year. The time gap of two weeks between the
first round of counseling/admission of seats by the State Governments/
Union Territories and second round of counseling for allotment of
seats from the All India quota seems to have been provided for so
that such of the students who, in the first instance may have got
admission out of the allocation by the Central Government, may
change over to the seat allotted by the state government/union territory
so that seats becoming available would be known by the time the
second counseling by the Central Government is over. It appears that
the second round of counseling for allotment of Central Government
seats have already commenced with effect from 30th July. It further
appears that many of the State Governments/Union Territories have
not even commenced the first counseling which was required to be
over by 25th of July. We direct the State Governments/Union
Territories to file affidavits giving details of the dates of counseling
and the reasons for delay. We may note that ordinarily the 15% seats
of the quota under All India Entrance Examination cannot be permitted
to be made ineffective and many of the seats therefrom reverted back
to the States/Union Territories. The affidavits shall also be filed by
the Director General of Health Services, Ministry of Health,
Government of India as also by the Medical Council of India. The
petitioners are also given opportunity to file additional affidavits. The
affidavits shall be filed within four days.
We wish and hope that at least by the next date of hearing the
first counseling by the State Governments/Union Territories would
be completed."
On 9th August, 2004, it was directed that in whichever State, the first
G counseling of the State quota seats in Government Medical Colleges is not
complete, it shall positively be completed by 20th August and latest by 21st
August, 2004, the seats of all India 15% that may become available as a
result of such counseling, shall be intimated to the DGHS, further directing
•
that all India 15% quota would not revert back to the State quota till further
H orders, despite the fact that the second counseling of the all India 15% quota
7'·
• J
MRIDUL DHAR v. U.O.l. [SABHARWAL, J.)
387
may have been already over, its last date being 8th August, 2004. On 31st A
August, 2004, it was noticed that out of 93 medical colleges participating and
contributing to 15% all India Medical quota, 15 colleges had not supplied the
requisite information and likewise out of25 dental colleges, five colleges had
not supplied the said information. These colleges were directed to supply the
requisite infonnation on that very day by 9.00 pm to the OOHS. The requisite
infonnation was supplied as noticed in the order dated !st September, 2004. B
Out of 1550 MBBS seats, 122 seats had fallen vacant and out of 144 seats
in dental colleges, 38 seats had fallen vacant. As a special case and without
it being treated as a precedent, the court pennitted a limited continuation of
the second counseling so as to minimize the hardship to the students but not
pennitting the continued second counseling to everyone but limiting it in the C
manner stated in the order as under :
"The continued second counseling would be confined to only those,
as per merit, who have not already been admitted in MBBS Course
in any of the Government Medical College in the country. Ifa student
has already been admitted there would be no question of such a D
student being pem1itted counseling again so as to change the medical
college with a view to get admission in some othu medical college.
The students who, as a result of the counseling already held, have
taken admission in Dental Colleges would, however, be permitted to
participate in the counseling for getting a chance for admission in the E
MBBS on their merit position. Further, as a consequence, certain
seats in Dental Colleges may fall vacant. They would be given as per
merit in the ranking in the All India Quota. We make it clear that
those admitted in MBBS would not be pennitted to change the college.
Those who have taken admission in Dental College would also not be
permitted to change one Dental College to another Dental College. F
The information about continued counseling would be given to all
concerned by publication in electronic and print media by DGHS.
The continued counseling must be over by 8th September, 2004. The
students must join by 13th September, 2004. It is necessary to adhere
to this schedule so that the remaining unfilled seats can revert and be G
filled by the State and only bare minimum number of seats may
lapse. The States shall also take timely action so that the seats to a
great extent may not lapse and all the admissions and joining by
students are over by 30th September, 2004.
We make it clear that under no circumstances, we are inclined to H
388
A
B
SUPREME COURT REPORTS
[2005] I S.C.R.
extend the date beyond 30th September, 2004. The order shall not be
treated as a precedent so as to open floodgates of litigation in other
cases in the country.
To consider the issue of further directions for the next academic year,
list the matter on 5th October, 2004."
The aforesaid direction did not undo injustice to all the students because
we permitted only limited counseling but it was necessary to adopt that
course in larger interests of students and medical education as by reopening
the entire counseling, there would have been considerable amount of delay
in commencement of course in various colleges. The admission process could
C have gone on till end of the year and that is why permission was granted for
only limited counseling.
D
Having regard to the utter chaos and confusion mainly on account of
non-adherence of the time schedule, we permitted parties to file suggestions
so that directions could be issued to streamline admissions from the next
year. The suggestions have been filed by the Ministry of Health, Government
of India, Medical Council of India and some individual parents. We have
heard Mr. Mohan Parasaran, learned Additional Solicitor General, appearing
for the Central Government, Mr. Vivek Tankha, Advocate who placed before
us the point of view of students and medical colleges, Mr. Maninder Singh,
E Advocate representing Medical Council of India (MCI), Mr. A.K. Ganguly
for West Bengal Government and Mr. Minocha-in-person.
It is a matter of anguish that despite various decisions of this Court and
laying down of time schedule for completion of admission process, the time
schedule has not been adhered to at various stages by various authorities
F resulting in otherwise avoidable discontentment and hardship to the candidates.
The observance of the time schedule is paramount for effective utilization to
All India Quota of medical and dental seats. The denial of a seat in college
of choice on the basis of one's merit position leads to frustration and results
in injustice to the young students. The admission to a professional course
G based on merit position is paramount for the career of a student. The omission
and commission in respect of admissions this year, as is evident from orders
aforenoted, adversely affected the career of meritorious students in their not
getting admission in the college of their choice. Any frustration and feeling
of injustice at an impressionable age at which the students compete in All
India Competition is neither desirable from the point of view of either the
H young students nor for country's future. We are concerned with the career of
i. '
•
MRIDUL DHAR v. U.0.1. [SABHARWAL, .I.]
389
those bright candidates who compete in a tough all India competition. In this A
background, it is necessary to examine the acts of omission and commission
at various levels, the suggestions that have been made and submissions put
forth, to consider the issuance of directions for streamlining admissions from
the next academic year in MBBS/BDS courses.
In Medical Council of India v. Madhu Singh and Ors., [2002] 7 SCC B
258, while making it clear that no admissions can be granted after the scheduled
date, which essentially should be the date for commencement of the course,
MCI was directed to ensure that the examining bodies fix a time schedule
specifying the duration of the course, the date of its commencement and the
last date for admission. It was further directed that different modalities for C
admission can be worked out and necessary steps like holding of examination
if prescribed, counseling and the like have to be completed within the specified
time and no variation of the schedule so far as admissions are concerned shall
be allowed. In case of any deviation by the institution concerned, action as
prescribed shall be taken by MCI.
The Ministry of Health of Family Welfare, Government of India
convened a meeting of the State Health/Medical Education Secretaries and
the Vice-Chancellors of the universities of health sciences and as a result of
discussion issued a directive dated 14th May, 2003 to the Secretaries of
Health and Medical Education in all the States and Union Territories and to
all universities awarding medical/dental degrees laying down the policy
guidelines on admission of students and other allied matters, inter alia, having
regard to the decision in Madhu Singh 's case (supra), laying down the schedule
D
E
for completion of the various stages of admission process, commencing of
academic session and closure of admissions in courses of medicine and
dentistry to be applicable to all medical and dental colleges in the country F
from the academic session 2003-04 onwards. All State Governments,
·+-
universities, medical and dental institutions in the country and any other
authorities concerned were directed to strictly abide by the time frame for
completion of each of the stages of admission process indicated in the time
schedule. It also directed that neither any student shall be admitted in any
course of medicine or dentistry after expiry of the last date prescribed for G
course of admission in that course nor any university shall register any such
admission sought to be made. The State Governments were directed to take
all necessary steps to prevent deviation from the prescribed schedule.
The directive dated 14th May, 2003 also stipulates the cancellation of H
390
SUPREME COURT REPORTS
[2005] I S.C.R.
A admission granted after the last date of closure of admission and warns the
candidates of the consequences of taking admission after the last date for
closure of admissions. Paragraphs 8.4 and 8.5 of the directive read as under:
B
c
"8.4. In exercise of the powers conferred by the Hon'ble Supreme
Court, the Medical Council of India or the Dental Council of India
may direct that any student identified as having obtained admission
after the last date for closure of admission be discharged from the
course of study; or any medical or dental qualification granted to
such a student shall not be a recognized qualification for the purpose
of the Indian Medical Council Act, 1956 or the Dentist Act, 1948, as
the case may be. The Institution which grants admission to any student
after the last date prescribed for the same shall also be liable to face
such action as may be prescribed by MCI or DCI.
8.5. The Time Schedule for completion of the admission process as
in the Annexure shall also be printed in the Bulletin of Information
D
for the candidates or the Prospectus for admission to the concerned
course. The candidates shall be clearly warned of the consequences
of taking admission in any institution after the last date for closure of
admissions."
The time schedule for completion of the admission process for medical
E and dental courses is as under :
Reference may also be made to notification dated 25th February, 2004
issued by the Medical Council of India in exercise of the powers conferred
by Section 33 of the Indian Medical Council Act, 1956 (for short, 'the Act')
with the approval of the Central Government, making the "Graduate Medical
F Education (Amendment) Regulations, 2004, laying down the time schedule
for completion for admission process for first MBBS course. It is on same
lines as the aforequoted time schedule. Time schedule (Appendix-E) to the
regulation reads as under : (See pp. 391)
x' '
"Schedule for
First MBBS/BDS Course
Postcrraduate Courses
Super
Admission
All India
State
All India
State Quota
Speciality
Quota
Quota
Quota
Course
Conduct of Entrance
Month of
Month of
2nd Sunday
Mid Jan. To
May-June
Examination:
May
May
of January
Mid-Feb.
Declaration of Result
By 5th June
By 15th June 3rd Week of
By 28th
By 30th June
of Qualifying Exam.
Feb.
Feb.
/Entrance Exam.
I st round of counseling/ 20th to 29th
To be over
5th March to
To be over
To be over by
admission:
June
byl 7th July
22nd March
by 25th April
25th July
Last date for joining
18th July @
29th July
7th April.
!st May
3 lst July
the allotted College
and Course:
2nd round of counseling Olst August
25th to 28th
No 2nd
No 2nd
No 2nd
or allotment of seats
to 08th
August
Counseling
Counseling
Counseling
from Waiting List:
August
Last date for joining
22nd August
30th
After 7th
Not
Not
0
for candidates allotted
(Seats
August April,
applicable
applicable
seats in 2nd round
vacant after
vacant
of Counseling or from
this date will
seats will
the Waiting List:
be
stand
surrendered
surrendered
back to the
back to the
State/
States/
Colleges)
Colleges
Commencement of
Between 0 I st August to
02nd May
Olst August
academic session:
31st August
Last date up to which
30th September
3 lst May
30th
students can be
September
admitted against
vacancies arising
due to any reason:
NOTE : @ Head of the Colleges should intimate the vacancies existing after 18th July in respect of the All
India Quota of seats to the DGHS latest by 25th of July."
MRIDUL DHAR v. U.0.1. [SABHARWAL, J.]
393
)
Ji:
"APPENDIX-E
A
TIME SCHEDULE FOR COMPLETION OF THE ADMISSION
PROCESS FOR FIRST MBBS COURSE
Schedule for Admission
Seats filled up by
Seats filled up by
Central Govt. through
The State Govts./
B
All India Entrance
Institutions'
Examination
...
Conduct of Entrance
Month of May
Month of May
~
Examination
Declaration of Result of
c
Qualifying Exam./
Entrance Exam.
By 5th June
By 15th June
I st round of counseling/
To be over by
To be over by
admission:
30th June
25th July
D
(-
Last date for joining the
•i
allotted College
Within 15th days
3 lst July
And Course:
from date of allotment
of seats
E
2nd round of counseling
To be over by 8th
Up to 28th
for allotment of seats
August
August
from Waiting List :
Last date for joining for
Within 15 days from
3 lst August
F
candidates allotted Seats
the date of allotment
in 2nd round of
of seat (Seats vacant
counseling from the
after 22nd August will
Waiting List
be surrendered Back to
the States/Colleges)
G
Commencement of
academic session :
I st of August
Last date up to which
students can be admitted
30th September"
Against vacancies arising
due to any reason :
H
394
SUPREME COURT REPORTS
[2005] I S.C.R.
A
In various States, the first counseling and admissions in respect of State
'
:tquota seats was not over, many States had not even commenced the process
even though second round of counseling for allotment of seats from waiting
list for All India Quota becoming vacant, as a result of candidates getting
admission under State quota, was to commen~e on I st August, to be completed
B
by 8th August. The effect of the aforesaid inaction and also not sending
timely intimation to DGHS is to deprive those who are high up in the merit
list of All India Entrance Examination and waiting to get admission in such
vacated seats which otherwise would revert back to the State quota. The
;.
result is to effectively reduce 15% All India Quota and increase State quota
seats. Directions that were issued to get requisite information from various
~
c States in respect of holding of counseling, and reporting of vacant seats to
DGHS for admissions for 2004-05 have been earlier noticed. As stated above,
despite such directions full and complete justice could not be meted out to
all meritorious students regarding college of their choice as per their position
in the merit list, on account of the time frame and its all India consequences
D
on admissions and the possible result of extending the admissions much
beyond the schedule date contrary to the aforesaid statutory regulations and
resulting in grant of midstream admissions. To an extent possible, the seats
A
of All India Quota should not revert to Sta~e Quota. It was brought to our
notice that in some cases deliberately the time schedule is not adhered to so
•
that more number of seats may revert to State Quota. If that be so, we
E deprecate the practice with a fond hope that such a practice would be
discontinued failing which persons responsible therefor will have to face the
consequences. The total impartiality is the need of the time and not the socalled loyalty to the State.
The academic session commences between \st August and 31st August
F and the last date for joining MBBS/BDS courses is 30th August. However,
students can be admitted against vacancies arising due to any reason by 30th
'+
September. The date 30th September is not for normal admission but is to
give opportunity to grant admissions against stray vacancies. The adherence
to the time schedule by everyone is paramount for the timely grant of
G
admissions, commencement of academic session and for closure of the
admissions after 30th September each year. In fact, the timely holding of
!o+2 examination and declaration of its results is also of paramount importance
for the entire admission process. If the results of CBSE or other equivalent
examination are not declared well before the commencement of first round
of counseling/admission of All India Quota seats, i.e., 20th June, it is likely
H to adversely affect the candidates who may otherwise be toppers in the All
I
_\,·
MRIDUL DHAR v. U.0.1. [SABHARWAL, J.)
395
India Entrance Examination. A candidate may be in the first 200 position, out A
of about 2,00,000 candidates in the merit ranking but if the results of his
qualifying examination of CBSE or its equivalent are not available to him or
to DGHS responsible for counseling, the candidate would lose chance to get
admission in college of his choice despite his merit position.
Government of India has suggested that for effective implementation of B
scheme for allotment of 15% all India seats for medical and dental colleges,
it is imperative that all participating State and Union Territory Boards of
Secondary Education must declare 10+2 result well in advance, at least one
week before start of first round of counseling. This suggestion was given as
West Bengal Secondary Education Board did not declare 10+2 examination C
result of their candidates before start of first round of counseling of 15% All
India Quota during 2003 and 2004. Due to non-declaration of result, a couple
of candidates qualifying in CBSE merit list could not appear in the first
round of counseling. In this competitive world, real struggle of students for
their career, in almost all the fields, starts after passing 10+2 examination.
The results of this examination is important for almost all competitions. D
Therefore, the timely holding of these examinations and timely declaration of
result is of utmost importance, in particular, by all participating States and
Union Territories in All India Entrance Examination for medical and dental
seats. It is imperative that the CBSE or equivalent results are declared and the
mark-sheets are made available to the candidates not later than five days E
before the commencement of first round of counseling. In other words, the
mark-sheet shall be made available to the candidates by 15th June. A candidate
may have to travel long distance to participate in the counseling which
commences at Delhi from 20th June. In response to directions of this Covt
suggesting timely holding of IO+ 2 examination by all States/Union Territories
so that the results thereof are not delayed beyond I 0th June, at least from the F
year 2005, the only State Government which has put forth difficulties in so
doing is the State of West Bengal.
The West Bengal Council of Higher Secondary Education has stated
that Schedule for 2005 examinations has already been announced on 27th
July, 2004, according to which, the theory examination for higher secondary
conclude on 11th April, 2005 and it takes three months therefrom to publish
the results. As per this schedule, the results would be declared by I Ith July,
2005. It also states that if the dates for board examination for class XII are
advanced, the students will face mental trauma due to lack of preparation.
G
We are not suggesting the advancement of the date for the year 2005 for H
396
SUPREME COURT REPORTS
[2005] I S.C.R.
A holding board examination for class XII. By maintaining the dates already
fixed, if not the result of all students, at least the results of those who participate
in the All India Entrance Examination and are in high merit ranking can be
declared and mark-sheets made available to them by 15th June so as to
enable them to participate in the first counseling in All India Quota. Going
B by the past figures, the candidates requiring such facility may be only about
100. Only the candidates in the merit list up to 2500 may need such a facility
and cooperation from the State Authorities. From the year 2006, the State
Government/West Bengal Council of Higher Secondary Education shall
arrange its affairs in such a manner that the examinations are held timely,
results are declared by I 0th June and mark sheets made available to the
C students by 15th June. The other States/Union Territories would ensure
declaration of result by I 0th June and availability of mark sheet to the students
by 15th June from the academic year 2005.
Another connected aspect is declaration of result of qualifying
Examination/Entrance Examination for State quota seats. The State
D Governments, as per the time schedule are required to declare the said results
by 15th June of every year. The timely declaration of result will enable the
students to take a decision about participation in All hdia counseling or State
counseling. The Central Government has rightly pointed out that due to late
declaration of result of State level entrance examination, candidates and their
E parents travel from all over the country to participate in All India Quota
Counseling which is conducted in Delhi and then travel to allotted medical/
dental colleges. Later on, if the candidates get admission in the colleges of
their choice in their respective States through State counseling, they have to
travel back to the college allotted through All India Quota to get their college
leaving certificate and other documents which are deposited with allotted
F college before joining the State college. By timely declaration of the results
of the State level entrance examination i.e. by 15th June, which is before the
start of All India Quota counseling, candidates and their parents can be saved
from facing undesirable hardships.
We see no reasons for non-observance of the time schedule which has
G been provided after discussion with all the States' functionaries. The Chief
Secretaries and Head of concerned Ministries/Departments in participating
States/Union Territories shall file affidavits before this Court within four
weeks placing on record time table in regard to holding of State examination
and declaration of results thereof on or before 15th June, 2005.
H
-f,
MRIDUL DHAR v. U.O.L [SABHARWAL. J.]
397
)
~
For utilisation of All India Quota to its fullest extent, another vital stage A
of admission process is timely reporting to DGHS by Deans or any other
authority whatever be the designation responsible for giving information as
to the joining and/or non-joining of students after first round of counseling/
admission of the State quota seats. The counseling for allocation of seats of
All India Quota is conducted by DGHS at Delhi. The reporting to be made B
'
to DGHS has to be sincere and accurate as wrong reporting has chain reaction.
As per time schedule, the first round of counseling for State Quota is to be
...
over by 17th July.