Madhya Pradesh High Court
Muskan Samajik Evav Shiksha Prasar Evam ... vs The Medical Council Of Indii Thr. on 6 February, 2018
Author: Sanjay Yadav
Bench: Sanjay Yadav
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W.P.No.17806/2017 & W.P.No.20675/2017
HIGH COURT OF MADHYA PRADESH :
BENCH AT GWALIOR
Writ Petition No.17806/2017
Muskan Samajik Evam Shiksha Prasar Evam Prachar Samiti
...PETITIONER
versus
The Medical Council of India ...RESPONDENT
Writ Petition No.20675/2017
Sakshi Sharma and others ...PETITIONERS
versus
The Medical Council of India & others ...RESPONDENTS
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CORAM :
Hon'ble Shri Justice Sanjay Yadav
Hon'ble Shri Justice Ashok Kumar Joshi
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W.P.No.17806/2017:
Shri M.P.S. Raghuvanshi and Shri Vivek Jain, Advocates for the
petitioner.
Shri C.R. Roman, learned counsel for the respondent.
W.P.No.20675/2017:
Shri Pawan Dwivedi, learned counsel for the petitioner.
Shri C.R. Roman, learned counsel for the respondent no.1.
Shri Arvind Dudawat, learned counsel for the respondent no.2.
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Whether approved for reporting :
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W.P.No.17806/2017 & W.P.No.20675/2017
ORDER
(06/02/2018) Per Sanjay Yadav, J.
(1) This order shall govern the disposal of Writ Petition No. 17806/2017 and Writ Petition No.20675/2017 as common issue arises in both the petitions.
(2) Communication dated 14.09.2017 by the Medical Council of India addressed to the petitioner informing about the decision taken by its Executive Committee, in meeting held on 30.08.2017 of discharging 25 students, i.e. 8 students who do not figure in the list sent by the Director, Medical Education, State of Madhya Pradesh as well as 17 students claimed to have been admitted under the NRI (Non-Resident Indian) category whose name's do not figure in the list submitted on 22.11.2016, is being challenged by the petitioner Institution and one student.
(3) In State of Madhya Pradesh admission to Undergraduate Medical and Dental courses for the academic year 2016 in non-aided Private Medical Collage is regulated by the Regulations; viz, Madhya Pradesh Sahayata Na Pane Wale Niji Chikitsa Mahavidyalayo Avam Dant Chikitsa Mahavidyalayao Mein M.B.B.S. Tatha B.D.S. Pathyakram Mein Pravesh Ki Patrata, Pravesh ki Riti Avam Sthano ke Aarakshan (Aniwasi Bhartiya ke liye Sthano ka Arakshan Sammelit Hey) Ke Liye Viniyam, 2016, framed by the State Government in :: 3 ::
W.P.No.17806/2017 & W.P.No.20675/2017 exercise of the powers conferred under Madhya Pradesh Niji Vyavasayik Shikshan Sanstha (Pravesh ka Viniyam Avam Shulk ka Nirdharan) Adhiniyam 2007. Regulation 5 deals with reservation reserving 16%, 20% and 14% seats in favour of the candidate respectively belonging to Scheduled Caste; Scheduled Tribe and Other Backward Classes category. That 15% of the total seats of college (i.e. intake capacity of the College) are reserved in favour of NRI. The admission as per Regulation 9 for Non-NRI and NRI is as per merit list prepared on the basis of National Eligibility Entrance Test (UG). That as per Regulation 10 (4)(Jha) 16%, 20%, 14% out of 15% NRI seats are reserved in favour of candidate respectively belonging to SC, ST and OBC category. It further provides for that the Private Institutions at their level shall fill 15% seats reserved for NRI students strictly on the basis of merit list drawn by the NEET. (4) That Government of India, Ministry of Health & Family Welfare notified the time scheduled for completion of admission for MBBS/BDS Courses for the Session 2016-17, vide letter No.V-
11025/04/2016-MEP dated 09/08/2016 whereby the last date up to which students can be admitted against vacancies arising due to any reason in the State Government/Institution was 30/09/2016.
(5) The Medical Council of India vide Circular No.MCI-
34(MC)2016/134441 dated 05/10/2016 addressed to the Principal/Dean, All the Medical Colleges/Medical Institutions, India :: 4 ::
W.P.No.17806/2017 & W.P.No.20675/2017 prescribed stipulation qua online filling of information relating to admissions made in Medical Colleges for 1 st Year MBBS degree for the Academic year 2016-17, stipulating the following terms:-
"3. While granting admission in MBBS course the Medical Colleges are required to ensure that the admission is in terms of the following parameters, based upon the judicial decisions and MCI Regulations :-
(i) No admission is permissible beyond the sanctioned intake capacity [Medical Council of India(Criteria for Identification of the students admitted in excess of admission capacity of medical colleges) Regulations, 1997]
(ii) Eligibility Criteria regarding age and Qualifying Marks for different categories as per Rule 4 of the Graduate Medical Education Regulation, 1997 Completed the age of 17 years on or before the 31st December of the year of admission to the MBBS course [ Rule 4] Must have passed the Qualifying Examination [ Rule 5 (5) (i) 10+2] General Category : Must have passed in the subjects of Physics, Chemistry, Biology/ Bio-
technology & English individually and must have obtained a minimum of 50% marks Physically Handicapped : Must have passed in the subjects of Physics, Chemistry, Biology/ Bio- technology & English individually and must have obtained a minimum of 45% marks.
Reserved { SC/ST/OBC}: Must have passed in the :: 5 ::
W.P.No.17806/2017 & W.P.No.20675/2017 subjects of Physics, Chemistry, Biology/ Bio- technology & English individually and must have obtained a minimum of 40% or above.
Marks in NEET/Common Entrance Test.
General Category: 50th percentile or above/50 percentage or above.
Physically Handicapped: 45th percentile or above/45 percentage or above.
Reserved {SC/ST/OBC}: 40th percentile or above/40 percentage or above.
(iii) No admission is permissible beyond the last date, i.e, 30th September [ Mridul Dhar Judgement]
(iv) Seat Sharing as per the Consensual Agreement between the State and Management and admission in the NRI seats.
4. The Medical Colleges are required to ensure that all admission in courses of medicine falling within the purview of the Indian Medical Council Act, 1956 are strictly in accordance with merit and are made in transparent and fair manner as envisaged in the Regulations. Any violation shall lead to discharge of the concerned student from the courses and such action against the concerned Medical College/Institution as is permissible in law.
5. In order to effectively monitor that all admissions made in courses of medicine are in conformity with the requirement of Regulations, an online monitoring system has been launched by the Council. This initiative is made with the objective of ensuring faithful adherence to the norms of admission laid down in :: 6 ::
W.P.No.17806/2017 & W.P.No.20675/2017 Regulations as also to further transparency and accountability in the medical education.
6. Therefore, all the Medical Colleges/Institutions are called upon to submit the requisite information through an online system that can be accessed though Council website [ http://www.mciindia.org]. You are required to submit the details of all the Students admitted for MBBS during the current academic year 2016-17. 7- Through this unique login id all the Medical Colleges/ Institutions must submit their students admission details latest by 07th October 2016 beyond which the College/ Institutions will not be allowed to enter the details of the students into Students Entry System for this current academic year. Non receipt of this information within stipulated time will reflect on the recommendation to be made by the Council to the Central Government for grant of permission/ recognition to the Colleges/Institutions for that academic year and/or subsequent academic years.
8. The following guidelines shall be followed by the Colleges/ Institutions
1. Use the URL as http://online.mciindia.org/collegeadmissionentry/Login.aspx
2. A login screen will be displayed.
3. Use the login credentials. Remember that the Password and the code shown on the screen are case sensitive. Provision is there to change the password. Password should be kept confidential.
9. The following details about the MBBS students to :: 7 ::
W.P.No.17806/2017 & W.P.No.20675/2017 be entered by the colleges.
i. Category of the College : (Govt./non-govt)
ii. minority/non -minority
iii. Ratio Fixed by State Govt.(Govt/Mgt/NRI)
iv. Seats distribution as per above ratio
(Govt/Mgt/NRI)
v. Ratio Fixed by State Govt.(Govt/Mgt/NRI)-
Previous Year
vi. Seats distribution as per above ratio
(Govt/Mgt/NRI)-Previous Year
vii. Name of student
viii. Merit no
ix. Category : (Govt/Management/NRI)
x. Sub-Category (Gen/SC/ST/OBC)
xi. Marks obtained /Max Marks in PCB (10+2) xii. Marks obtained /Max Marks in English (10+2) xiii. Marks obtained/ Max Marks in entrance Exam (Name of entrance Exam.) xiv. Sex xv Date of birth xvi Date of admission xvii. Physically Handicapped (Yes/no) * Point no (iii) to (vi) are for non-govt.
Medical Colleges.
10. Kindly add the details of the Students according to the fields as mentioned above which will be available on the screen. Provision has been given to modify or delete any wrong entry by 07th October 2016. No modifications will be allowed after the cutoff date.
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W.P.No.17806/2017 & W.P.No.20675/2017
11. The Colleges/Institutions shall take the Printout of the details of the students entered through the software duly signed and stamped by the Dean/Principal of the colleges/Institutions along with the letter from DME/State Govt. fixing the ratio of Govt. and Management quota and send to the Council latest by 15th October 2016. The Council may ask other supportive documents like caste certificate, 10+2 mark sheet, details of competitive entrance exam. as and when it is require by the Monitoring Cell. In case of those students who have passed 10+2 from outside India, they are required to submit equivalence certificate issued by Association of Indian Universities whether they are academic credentials or not as per the Curriculum of Indian System.
12. The onus of furnishing true, correct and authentic information is upon the College concerned and in case of furnishing of any wrong/incorrect information it shall be open to MCI to initiate action as is permissible in law.
13. In case of any difficulty in accessing MCI website an email may be sent to [email protected]:
[email protected] and the Council office shall revert within 02 working days to resolve the query/issue."
(6) The petitioner institution was called upon by letter No.MCI-
34(MC)/2016-17/144248 dated 17/11/2016, to give the information relating to admissions made in Medical College in 1 st year MBBS degree for the academic year 2016-17 within two days in the format attached therewith whereby besides sanctioned intake, and number :: 9 ::
W.P.No.17806/2017 & W.P.No.20675/2017 of students admitted, the information was also sought as to number of students under Government quota, number of students under Management quota, number of students under Merit quota and number of students under NRI/PIO. Simultaneously letter was also written by the Medical Council of India to the Director Medical Education Madhya Pradesh on 28/10/2016 and 18/11/2016 to send a copy of the consensual agreement between all the Private Medical Colleges/Minority/Non-Minority and Deemed University including the State Government Colleges with regard to seat sharing in MBBS Course for the academic year 2016-17. And method of counselling followed by the State Government in respect of State Government/Private/Deemed University Medical Colleges and to send the list of students selected/allotted for each college by 22/11/2016.
(7) Responding to said communication, Commissioner, Medical Education vide letter No.252223 dated 18/11/2016 communicated list of admitted candidates on sanctioned seats in Government and Private Medical Colleges of Madhya Pradesh for academic session 2016-17 admitted through State Level Combined Counselling NEET UG 2016.
(8) In respect of the petitioner-institution, the State Government informed that sanctioned intake of MBBS seats for 2016-17 excluding NRI seats were 127 and total number of admitted :: 10 ::
W.P.No.17806/2017 & W.P.No.20675/2017 candidates NEET UG 2016 were 126 and number of vacant seats was 1.
(9) The petitioner-institution also vide communication dated 22/11/2016 had send the list of 126 students admitted to MBBS Course 2016-17 of whom students from S.No.1 to 55 were allotted seats by offline counselling and students from S.No.56 to 126 through online counselling. Furthermore, the petitioner-institution in reference to communication No.MCI-34(41)(MC)/2016-Med/151111 dated 08/12/2016 had sent another list of 143 students admitted to the MBBS Course academic session 2016-17 on 13/12/2016. That on 21/07/2017 the petitioner submitted 3 rd list of 150 students admitted in MBBS Course for academic session 2016-17. (10) As there was discrepancies in three lists furnished by the petitioner on three different dates the matter was taken up by the Monitoring Sub-committee in its meeting held on 28/08/2017 which took serious note of it and also observed that 8 students, viz., Kapil Kumar Goyal, Sakshi Sharma, Hemant Singh, Shashank Mishra, Hemandra Singh, Srujana Duppalapudi, Pujari and Mokshi Mehta whose names did not figure in the Director Medical Education list and for which college also did not provide any satisfactory explanation, recommended for their discharge. The matter was then placed before the Executive Committee of the Medical Council of India which in its meeting held on 30.08.2017 decided:
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W.P.No.17806/2017 & W.P.No.20675/2017 "The Executive Committee observed that college has submitted 3 different lists of admitted students for the academic Year 2016-17 as under:
(a) College vide letter dated 22/11/2016 has furnished a list of 126 students.
(b) College vide letter dated 13/12/2016 has furnished a list of 143 students.
(c) College vide letter dated 21/07/2017 has furnished a list of 150 students.
The committee also observed that per DME, MP list only 126 students were admitted for academic year 2016-17 of which one student-viz, Shashi Rathore was not found in the list submitted by the college on 22/11/2016. Thus, from above it is evident that college has admitted 125 students from the list of DME within the stipulated last date of admission."
(11) These facts belie the contention on behalf of the petitioner that these 25 students which include the students admitted against NRI quota were admitted prior to 7/10/2016 and in accordance with the merit list drawn on the basis of NEET. No cogent material documents have been commended at to establish that the manner in which admission has been given to these 25 students before cut-
off date which was extended upto 07.10.2016.
(12) In Vigyan Bharti Trust Vs. Union of India & Ors; Writ Petition (Civil) No. 490/2014, Hon'ble Supreme Court on 11/05/2016 clarified that it will be open for the petitioner institution therein to select such NRI students who have passed NEET examination for the academic :: 12 ::
W.P.No.17806/2017 & W.P.No.20675/2017 year 2016-2017. However, there was no relaxation granted that the selection of candidate could be even after the cut off date 7/10/2016. Though our attention is drawn by learned counsel for the petitioner to the last column of the list said to have been furnished on 21/7/2017 that the students shown to be admitted against NRI quota are admitted prior to 7/10/2016; however no other documents are shown such as online information given to the Director, Medical Education Madhya Pradesh and the Medical Council of India of such admissions. We are not commended to any other cogent material as would establish that these students were admitted prior to 7/10/2016.
(13) Another contention that the petitioner ought to have been given an opportunity of hearing is taken note of and rejected at the outset. As per the stipulation contained in the communication dated 05.10.2016 by the Medical Council of India, reproduced supra, it was the obligation of the petitioner College to have updated the information about admission, and having failed to give the information about NRI students in response to the notice dated 17.11.2016, it is the petitioner who has to blame itself; because vide said notice the petitioner was called upon not only to upload sanctioned intake and number of students admitted, but also the information as to number of students admitted under government quota, under management quota and under NRI/PIO. The petitioner, :: 13 ::
W.P.No.17806/2017 & W.P.No.20675/2017 therefore, is not justified in contending that they were not required to give the information about the students admitted under NRI quota.
(14) In view whereof, the conclusion arrived at by the Medical Council of India in its meeting dated 30.08.2017 as regard to 25 students (8 students who do not figure in the list of Director Medical Education and 17 students admitted under NRI category whose names do not figure in the first list submitted by the Institute on 22.11.2016) cannot be faulted with as would warrant an indulgence.
(15) Consequently, petition fails and is dismissed. No costs.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
Pawar/-
Digitally signed by ASHISH
PAWAR
Date: 2018.02.15 15:39:11
+05'30'