Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational institutions: Medical admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational institutions: Medical admission – NEET-PG course – Time schedule fixed for admission to the medical colleges, last date not to be extended after 31st May – After the admission/counselling process was over on 31st May, 2019, approximately 153 seats remained vacant in State Quota of the postgraduate medical seats for the academic year 2019-20 – Respondent-students failed to secure admission to postgraduate medical seat because of their much lower rank in the order of merit – Writ petition by the respondents that although the final round of counselling on 31st May, 2019 is over, the postgraduate seats for academic session 2019-20 are still available/lying vacant and they may be considered for admission in the postgraduate medical course against the said vacant seats – Single Judge of the High Court by interim orders directed the appellant to grant provisional admissions to the students in postgraduate medical courses by ignoring the cutoff date-31st May and also ignoring the principle of merit, and these interim orders were later made absolute – In appeal before this Court, the interim orders as also the final order passed by the High Court, stayed – Held: Time schedule for admission to the postgraduate medical courses must be followed strictly leaving no discretion to any authority to permit admissions over the cutoff date under schedule for admission to postgraduate medical courses-31st May – Interim orders passed by the High Court which were later made absolute are not legally sustainable – Respondents participated in the second round of counselling but failed to get any seat in the postgraduate medical course because of lower rank in order of merit and by interim orders, the provisional admissions were granted to them ignoring the principle of merit which cannot be accepted – Furthermore, no sympathy can be shown to such students, and despite the stay order passed by this Court, if they are allowed to continue in postgraduate medical courses, the same would be illegal and such contemptuous action on the part of the authorities, cannot be approved – Thus, the orders passed by the High Court are quashed and set aside – Medical Council of India Postgraduate Medical Education Regulations, 2000. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 1103 |
Petitioner | Board Of Governors In Supersession Of Medical Council Of India |
Respondent | Dr. Priyambada Sharma & Others |
SCR | [2022] 14 S.C.R. 997 |
Judgement Date | 2022-10-17 |
Case Number | 7534 |
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