Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ·Education: MBBS BDS Courses-Admission to-Streamlining of-All India Quota -Non adherence to the time schedule for completion of admission process |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Education: MBBS/BDS Courses-Admission to-Streamlining of-All India Quota -Non adherence to the time schedule for completion of admission process-Challenge 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, 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 counselling for filling State quota should precede counselling for All India quota so that those accommodated in the former may not have to run to Delhi 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 system-Directions issued-Constitution of India. Arts. 14,19. Non-adherence of time schedule for completion of admission process 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 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 affidavits giving the reasons for delay. On 9th August, 2004, directions were given to various States to complete the first counselling 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 counselling. It was further directed that All India 15% quota would not revert back to the State quota till further orders, despite the fact that the second counselling of the All India 15% quota may have been already over, its last date being 8th August 2004. On 31st 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 counselling to only those, 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 counselling was permitted but it was necessary to adopt that course in larger interests of students and medical education as by reopening the entire counselling, 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 suggestions so that directions could be issued to streamline admissions from the next year. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2005 INSC 28 |
Petitioner | Mridul Dhar (minor) And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2005] 1 S.C.R. 380 |
Judgement Date | 2005-01-12 |
Case Number | 306 |
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