Gujarat High Court
S.K. Awatramani And Anr. vs State Of Gujarat And Anr. on 26 June, 1989
Equivalent citations: AIR1990GUJ65, (1990)1GLR223, AIR 1990 GUJARAT 65
ORDER
1. Petitioner No. 2 (hereinafter referred to as the petitioner), who has passed Higher Secondary School Examination, ('Examination' for short) in Science stream held in March 1988 by the Gujarat Secondary Education Board, has filed this petition seeking direction against the respondents to give her admission in one of the Government Medical Colleges in Gujarat or in Pramukh Swami Medical College at Karamsad.
2. The Government of Gujarat in Health and Family Welfare Department has framed Rules for admission to 1st M.B.B.S./1st BDS 1st B.Physio Courses at the Govern merit Medical Colleges and, Government Dental College, Ahmedabad. These Rules are operative for State quota of seats, which is to be calculated after deduction of 15% seats reserved for candidates selected on the basis of the result of All India Competitive Entrance Examination as per the judgment of the Supreme Court. The examination passed by the petitioner is one of the qualifying examinations for admission to the aforesaid courses. Marks obtained in the external evaluation examination in the theory papers of Science subjects only viz., Physics, Chemistry, Mathematics and Biology are considered for giving admission to the aforesaid courses. I am told that to facilitate and expedite the work of giving admissions to candidates in the Government Medical Colleges, Government Dental College at Ahmedabad and Engineering Colleges a centralised scheme for admission is framed. Pramukh Swami Medical College at Karamsad, which is not a Government Medical College, has also joined the centralised admission scheme. Under this scheme, I am told, applications of candidates seeking admissions to Medical Colleges, Dental College and Engineering Colleges are all considered together and a common merit list of candidates, who have passed qualifying examination, is prepared. Each candidate who has made application is interviewed in the order of merits and at this interview he is required to give final choice regarding the course out of the courses available to him, which he wishes to join. Once the candidate exercises his choice for a particular course and/or a particular branch he is required to withdraw his applications seeking admission to other courses and/or branches. For example a candidate at the top of the merit list chooses to obtain admission in the subject of electronics in one of the Engineering Colleges, he is required to withdraw his application for admission to, Medical, Dental and Physiotherapy Courses. Placement of candidate in Engineering and Medical College is decided on the basis of merit-cum-preference shown by him in the application for admission. Placement is offered at the highest available preference college and candidate is not allowed to seek admission in lower preference College, if admission to higher preference College is available. Thus in his application candidate has to show preferences with regard to courses as well as Colleges and admissions to the Colleges and to the courses are given on the basis of merit-cum-preference as stated above. It is stated that the advantage of centralised admission scheme is that same candidate does not secure admission in more than one course or college so as to delay admissions of other eligible candidates in courses and colleges other than that of his choice. It appears that a candidate can make applications for admission to First M.B.B.S./ First B.D.S./First B. Physiotherapy and 1st year Engineering courses. He has to make one common application for admission to First M.B.B.S./ First B.D.S./First B. Physiotherapy Courses and a separate application for admission to Engineering Courses. Application for admission to First M.B.B.S./First B.D.S./First B, Physiotherapy Courses is to be addressed to the Dean, B.J. Medical College, Ahmedabad. In this application candidate besides stating the marks obtained by him in the Science subjects as stated above, has to state in order of preference the courses and the colleges to which he desires admission.
3. Petitioner obtained 321 marks out of 450 marks in the Science subjects and she applied for admission to First M.B.B.S/ First B.D.S /First B. Physiotherapy courses to the Dean of B.J. Medical College, Ahmedabad. In her application she had given preference for Medical Colleges in the following order:
1st preference - Government Medical College at Surat 2nd preference - Government Medical College at Baroda 3rd preference - B.J. Medical College, Ahmedabad 4th preference - M.P. Shah Medical College at Jamnagar and 5th preference - Pramukh Swami Medical College at Karamsad
Petitioner was placed at Sr. No. 824 in the merit list prepared by the Admission Cell under the Centralised Admission Scheme. Admissions to Medical College at Surat closed with the admission of candidate, who had obtained 323 marks, while admissions to Medical Colleges at Ahmedabad and Baroda closed with the admission of candidates who had obtained 337 and 334 marks respectively. Petitioner had obtained 321 marks and, therefore, she could not get admission in the Colleges of her first, second or third preference. When the petitioner was interviewed she was offered admission to A P. Shah Medical College, Jamnagar. At the time of interview the petitioner was not willing to accept admission in the M. P. Shah Medical College at Jamnagar. She was, therefore, asked to withdraw her application for admission to Medical and Dental Colleges, which she did and she secured admission in the First year of B.Physiotherapy course in S.S.G. Hospital, Baroda.
4. Petitioner No. 1 is the father of petitioner No. 2, who is referred to as the petitioner. It is submitted on behalf of the petitioner that her family has very limited financial resources. Therefore, at the time of interview when she was told that admissions to the Medical Colleges at Surat, Baroda and Ahmedabad were closed and that she could get admission only in the M. P. Shah Medical College at Jamnagar she was confused and perplexed. Petitioner thought that her parents might not allow her to stay in hostel and join M.P. Shah Medical College at Jamnagar. According to the petitioner she thought that her family being of modest means might not be able to afford her expenses of staying in hostel of M. P. Shah Medical College at Jamnagar. She was, however, asked by the authorities concerned to make up her mind and state whether or not she wanted admission in the Medical College at Jamnagar. It was a difficult decision for the petitioner to take, but having thought that her parents might not allow her to stay in hostel at Jamnagar she stated that she was not inclined to accept admission in the Medical College at Jamnagar. The respondents have stated that in such a case practice which is followed is to obtain signature of the candidate concerned on a cyclostyled application form addressed to the Dean of the B.J. Medical College, Ahmedabad in which it is stated to the effect that he withdraws his application for admission to the Medical/ Dental/ Physiotherapy course as the case may be. Petitioner's signature was obtained on such cyclostyled application form stating to the effect that she was withdrawing her application for admission to Medical/ Dental courses. After petitioner put her signature on such application, she was given admission to Physiotherapy course in S.S.G. Hospital at Baroda. Petitioner has stated that Baroda being nearer to Surat she thought that her parents might agree to allow her join that course. This happened on August 17, 1988.
5. It is the petitioner's case that after she returned home she discussed the matter with her parents and on August 18, 1988 when the petitioner found that her parents had no objection to her staying in hostel and studying in the Medical College at Jamnagar she realised the mistake committed by her in making choice for Physiotherapy course. Therefore, on August 18, 1988, she accompanied by her parents approached Mr. Vasani, who was one of the persons in charge of the centralised admissions to Medical/Dental and Engineering Colleges, and who had his office at Government Polytechnic Ahmedabad. Mr. Vasani told the petitioner and her parents not to worry and suggested that the petitioner should give an application in writing stating to the effect that she had committed mistake under momentary mental anxiety and that her application for admission in the Medical College should be considered as per the preferential order expressed by her in her application. According to the petitioner application in writing as suggested was given to Mr. Vasani, who made an endorsement thereon forwarding the same to the Interview Committee. Petitioner, however, does not have a copy of that application. Mr. Vasani told the petitioner that she would be admitted to the Medical course as soon as vacancy arose and she was asked to inquire after about a week. When the petitioner went to make inquiry on August 26, 1988 she was told that no new vacancy had arisen. In the meantime petitioner commenced tier studies in Physiotherapy course in S. S. G. Hospital at Baroda.
6. In the second week of October 1988 petitioner learnt that a student, named, Miss Priti Shah in the Physiotherapy course, who had obtained 316 marks out of 450 got admission in Pramukh Swami Medical College at Karamsad. Petitioner has stated that she was shocked to know about Priti Shah's admission since the petitioner had obtained more marks and the petitioner was not given admission to Pramukh Swami Medical College at Karamsad for which she had shown 5th preference. Petitioner and her parents, therefore, attempted to contact the Dean of B.J. Medical College at Ahmedabad, but he was not available. However, subsequently petitioner's uncle was told that her case was under consideration. The Dean called one Dr. Suresh Shah a member of the Interview Committee, who, in presence of her uncle, told him that they were trying to accommodate the petitioner. The petitioner was, however, not given admission in any of the Medical Colleges. Later on the petitioner learnt that candidates who had obtained less marks were also given admission to Medical College at Jamnagar and Karamsad. The petitioner contends that the Dean of B.J. Medical College, Ahmedabad who heads the Committee appointed under the Centralised Admission Scheme acted in an arbitrary and discriminatory manner violating Art. 14 of the Constitution in not giving her admission in one of the aforesaid Medical College and in giving admissions to less meritorious candidates in these Medical Colleges.
7. This petition is resisted by the State of Gujarat-respondent No. 1 herein and the dean of B.J. Medical College-respondent No. 2 herein. The main ground on which the petitioner's claim is resisted is that the petitioner herself has refused to accept admission in the M.P. Shah Medical College at Jamnagar and withdrew her application for admission to Medical/Dental Colleges by submitting an application. The petitioner having withdrawn her application for admission to Medical/ Dental Colleges was given admission to Physiotherapy course at S.S.G. Hospital, Baroda and she has accepted admission to Physiotherapy course. It is submitted that under R. 8 of the Rules student is to be offered admission strictly in accordance with the preference given by him/her and unless his her highest available preference college is closed the student cannot be offered lower preference college. In view of the said Rule the petitioner had to accept admission to M.P. Shah Medical College at Jamnagar, if she wanted to join medical course. She, however, withdrew her application for admission in Medical/Dental Colleges. It is further submitted that petitioner could not have been offered admission to the Pramukh Swami Medical College at Karamsad, which was her last preference since she was already getting admission in college of her 4th preference. It is further submitted that merit list, which was prepared by the Admission Cell, is to be operated in a continuous manner. The last candidate, who was given admission, stood at Sr. No. 906 of the merit list. Therefore, when the vacancy occurred Priti Shah, who was at Sr. No. 907 of the merit list was offered admission. According to the respondents as per the settled practice merit list has to be operated continuously in giving admissions to the candidates. But apart from that the petitioner having withdrawn her application for admission, there was no question of considering her for admission to any of the Medical Colleges.
8. The respondents have denied any personal knowledge regarding the petitioner's allegation that she had met Mr. Vasani, that Mr. Vasani told the petitioner to give an application in writing, that the petitioner gave such application and that Mr. Vasani made endorsement thereon and forwarded the same to Interview Committee. According to the respondents Mr. Vasani was in-charge of admissions to Engineering courses. The respondents have denied the allegation that the petitioner's uncle had met the Dean and Dr. Suresh Shah was called by him, who had told him that he was trying to accommodate the petitioner. According to the respondents neither respondent No. 2 nor Dr. Suresh Shah could have accommodated the petitioner in view of the consistent practice, which was followed by the Admission Cell and the Interview Committee. According to the respondents the petitioner having once withdrawn her application for admission to Medical/ Dental courses, she could not have changed her mind and requested for admission to the Medical College, It is not disputed that candidates, who have obtained less marks than the petitioner, have been admitted to Medical Colleges subsequently. It is, however, submitted that having regard to the consistent practice, which was followed by the respondents, it could not be said that they have acted in any arbitrary or discriminatory manner in not giving admission to the petitioners. It is submitted that the respondents have acted bona fide and therefore, the petitioner was not entitled to any relief.
9. In the course of arguments Mr. Kamal M. Mehta, the learned A.G. P. was asked as to whether a candidate not getting admission in the college of his choice could have requested the Interview Committee to consider him for admission to such college As and when vacancy arose. Mr. Mehta on instructions of the Officer, who was present in the Court, stated that no candidate is allowed to do so. It was submitted that when candidate gets admission to one of those Colleges for which he has shown preference he has to accept such admission and in case he is not willing to do so there is consistent practice to ask him to sign the application withdrawing application for admission to Medical/Dental College. It appear that at the time of interview the candidate is offered admission to one of the Colleges for which he has shown preference and if he is not inclined to Accept such admission he has to sign the printed or cyclostyled application form addressed to the Dean of B.J. Medical College at Ahmedabad stating to the effect that he was withdrawing his application for admission to Medical/ Dental course or Physiotherapy course as the case may be. Such candidate was not considered for admission to any other courses unless he withdrew his application as stated above. In the case of petitioner also, when she was not inclined to accept admission to M. P. Shah Medical College at Jamnagar, she was asked to sign a cyclostyled application form addressed to the Dean of B.J. Medical College at Ahmedabad stating to the effect that she was withdrawing her application for admission to Medical/ Dental courses. It was only after she signed this application that she was considered for giving admission to the Physiotherapy course in the S.S.G. Hospital at Baroda. Had the petitioner not signed the application withdrawing her application for admission to Medical/Dental courses, she would not have been considered for admission to Physiotherapy course. It will, therefore, appear that at the time when she was interviewed the petitioner had only two options:
(1) to accept admission to the M. P. Shah Medical College at Jamnagar, or (2) to sign the application stating to the effect that she was withdrawing her application for admission to Medical/ Dental courses in order to secure admission to Physiotherapy course.
It is stated that the petitioner signed the application stating to the effect that she was withdrawing her application for admission to Medical/Dental courses and it was, therefore, that she was given admission to Physiotherapy course.
10. There is no lack of bona fides on the part of respondents in not giving admission to the petitioner to one of the Medical Colleges, but it is difficult to uphold the entire policy and practice of giving admissions. Policy of admission should be so deviced that full play is given to the preferences or choices shown by the candidates and if on merits they are entitled to admission to colleges or courses of their choice they should be given such admission even if initially they are not entitled to such admission. For example in a case like the petitioner candidate who is initially not entitled to admission to the college or course of his choice should be allowed admission to such college or course if at a subsequent stage vacancy occurs in such college or course and he is entitled to such admission on merits. If a candidate, already admitted in a college other than college of his choice, is allowed transfer to the college of his choice on merits if vacancy occurs in that college, there is no rationale in not allowing a candidate to keep his option open in case he is initially not getting admission to the course and/or college of his choice. Candidate who is initially not getting admission to the course and/ or college of his choice should be allowed to claim that if in future, vacancy occurs in that college, and if he is entitled to admission to that college on merits he may be considered for such admission. It is beyond comprehension as to why such right should be denied to him. It is true that to give such right to all the candidates may create practical difficulties and cause inconvenience to the authorities concerned but such difficulties and inconvenience are not unsurmountable. Authorities should adopt policy and attitude, which is in the best interest of candidates/ students, even if such policy creates difficulties and causes them inconvenience. All the time interest of student should be kept in view and anxiety should be to see that merit does not suffer and become victim of administrative difficulties and inconvenience. In my opinion in this age of computers there would be no difficulty or inconvenience in devicing a policy or scheme as stated above, which would be in the best interest of candidates/students.
11. It must be remembered that candidates seeking admissions to Medical/Dental and Engineering colleges and Physiotherapy course are of immature age, most of them being between 16 and 19 years, It would be too much to expect from such immature candidates to take on the spot decision when they are confronted by highly qualified and experienced members of the Interview Committee, They are bound to be overawed and nervous in facing such committee. It may be difficult for a candidate to make up his mind on the spot to accept admission to a college, which is in a town or city other than wherein he lives, especially when he is coming from a family of modest means. It will be still more difficult to take such decision if such candidate is a girl. Parents are often reluctant to send their daughter to study in a college which is in a town or city other than in which they live, because they do not want their daughter to stay in hostel for financial or other reasons. Poor families cannot afford to incur hostel expenses for their boy or girl. I am, therefore, inclined to believe the petitioner's statement, that she was perplexed and confused when she was offered admission to M. P. Shah Medical College at Jamnagar. She was coming from a family of modest means and it was but natural for her to think that her parents would not allow her to stay in hostel to study in the College at Jamnagar. However, later on, after discussion with her parents she changed her mind. It is true that when a candidate shows preference in his application for college outside his city or town, he is expected to know that he may have to stay in hostel and incur additional expenses. But all the same when it comes to taking actual decision, candidate of immature age is bound to vacillate and be perplexed or confused. Petitioner, as stated by her, thought that her parents might not agree to send her to Jamnagar and, therefore, she expressed disinclination to accept admission to M.P. Shah Medical College at Jamnagar. She could have told the Interview Committee that she may be considered for admission as and when vacancy arose in the Medical College at Surat where her parents were living, but she did not say so and signed application stating to the effect that she was withdrawing her application for admission to Medical/Dental Colleges. I am unable to understand as to why this practice of obtaining application withdrawing application for admission to Medical/Dental Colleges is insisted upon when admission is not available to the college of the candidate's choice. There appears to be no reason or justification to bind down the candidate by obtaining application stating that he/she was withdrawing his/her application for admission to Medical/Dental Colleges or other courses. If the policy or practice followed by the respondents is upheld, a candidate who cannot afford to prosecute studies in a College or Institute in a town or city other than his home town or town nearby his home town, may have to give up career of his choice in case he initially is not entitled to admission to the College or Institute in his home town or town near to it although later on when vacancy occurs in future he may be entitled to such admission on merits. It is true that the process of finalisation of admissions cannot be stopped and if the candidate is not willing to accept admission to the college to which he is offered admission, he may be by-passed but it is irrational and unjustifiable to debar him permanently from seeking admission to the college of his choice. Candidate should be permitted to secure admission to the college of his choice whenever vacancy arises in that college if he is entitled to such admission on merits. As pointed out above such policy is likely to cause some administrative inconvenience and difficulties to the authorities concerned but while dealing with students of immature age it is all the more necessary that the approach of the authorities should be sympathetic and merits and career of student should not be allowed to suffer on account of administrative difficulties and inconvenience.
12. How the policy and approach of the authorities is irrational and unjustifiable has become evident by subsequent events in the instant case. Several candidates, who had obtained less marks than the petitioner, have been admitted to the Medical Colleges after the admissions were finalised. Vacancies arose in the Medical Colleges and many candidates who had secured less marks than the petitioner and who were initially not given admission to these colleges and were on the waiting list were given admissions to these Colleges. One such candidate is Priti Shah, who initially could not get admission to Medical College and who was given admission to Physiotherapy course. Thus, candidates have been given admissions to Medical Colleges after the petitioner had given application withdrawing her earlier application by which she had withdrawn her application for admission to Medical Dental Colleges. These candidates, who were less meritorious than the petitioner, have been admitted to Medical Colleges when the petitioner was willing to join any one of the Medical Colleges. If she could withdraw her application for admission to the Medical/Dental Colleges she could as well withdraw her application by which she had withdrawn her application for admission to Medical/ Dental Colleges. It is true that the petitioner could not have been permitted to withdraw her application so as to disturb admission of candidate, who was admitted when she showed her disinclination to accept admission to M. P. Shah Medical College, Jamnagar. But there appears to be no rational ground for not allowing the petitioner to seek admission in one of the vacancies arising in the Medical Colleges without disturbing admissions of other candidates. It further appears that many candidates, who secured admissions on their being selected on the basis of the result of All India Competitive Entrance Examination, refused to accept admissions and as a result thereof many vacancies arose. On account of these vacancies students who were admitted to Medical courses were permitted transfer to the College of their choice as per the decision taken by the Vice-Chancellor of the Universities in Gujarat. Thus many candidates who had less marks than the petitioner and who were admitted to M. P. Shah Medical College at Jamnagar were allowed transfer to the Medical College at Surat. Therefore, had the petitioner accepted admission to M.P. Shah Medical College, Jamnagar, by now she would have been transferred to the Medical College at Surat. It was on account of the unimaginative and irrational stand taken up by the respondents that the petitioner has been denied admission to one of the Medical Colleges.
13. In the light of the above discussion it, must be held that the decision of the respondents not to consider the petitioner for admission to one of the Medical Colleges for which she had given preferences is illegal, irrational arbitrary and violative of Art. 14 of the Constitution. It may incidentally be pointed out that there is no Rule under which the Interview Committee of the Admission Cell is empowered to obtain candidate's signature on application stating to the effect that he/ she withdraws his/ her application for admission to the Medical/ Dental College/ Physiotherapy course. As already observed above, the authorities concerned by adopting the device, which they have, cannot permanently debar a candidate from changing this mind and withdrawing his earlier application. It is not suggested that the candidate, who has shown his disinclination to accept admission to the College wherein he is offered admission, can disturb admissions, which are already given. But surely he cannot be prevented from seeking admission on a seat, which may fall vacant in future. I am, therefore, of the view that it would be but proper for the Interview Committee to permit candidate, who is disinclined to accept admission to the highest available preference college, to request the Interview Committee to consider him for admission to the College of his choice if and when vacancy arises in future in that college and he is entitled to such admission on merits. As observed above, if a candidate can withdraw his application for admission to Medical/ Dental Colleges he can certainly withdraw the application by which he had withdrawn his application for admission to Medical/Dental Colleges or Physiotherapy course. Such application shall, however, have to be made within reasonable time and making of such application would not entitle the candidate to disturb admissions of those who are already admitted. In my opinion it should be open to the candidate to correct his own mistake and seek admission to course of his choice on merits without disturbing admissions already given. It was urged that besides the petitioner three other candidates, who are similarly situated, have withdrawn their applications withdrawing applications for admission to Medical/ Dental Colleges and, therefore, if the petitioner is allowed to change her mind and seek admission to Medical College, same treatment will have to be given to those three candidates, The respondents will undoubtedly have to give same treatment to other candidates who are similarly situated as the petitioner but that is no reason to deny relief to the petitioner as urged on behalf of the respondents. It is not disputed that candidates selected on the basis of All India Competitive Entrance Examination, have declined admissions and consequently many vacancies have occurred in the Government Medical Colleges and Pramukh Swami Medical College at Karamsad. It is also not disputed that these vacancies are to be filled in from other candidates from the merit list prepared by the Admission Cell in 1988 referred to above. It was stated that on account of decision taken by the Vice-Chancellors of the Universities in Gujarat transfers from the one Medical College to another have been permitted and as a result of such transfers vacancies are available in two Medical Colleges: (1) M.P. Shah Medical College at Jamnagar and (2) Pramukh Swami Medical College at Karamsad. It is also not disputed that it is proposed to give admissions to candidates, who had secured less marks than the petitioner, on such vacancies. There should not be difficulty in giving admission to the petitioner to one of the Medical Colleges. It need not be stated that other candidates, who are similarly situated as the petitioner, will have to be given the same treatment.
In the result this petition is allowed. The decision of the respondents not to permit the petitioner to withdraw her application by which she had withdrawn her application for admission to Medical/Dental Colleges is quashed and set aside. The petitioner shall be deemed to have withdrawn her such application. Respondents are further directed to give admission to the petitioner to one of the Government Medical Colleges or Pramukh Swami Medical College at Karamsad in one of the vacant seats adverted to above, The petitioner shall be given admission preferably in the Government Medical College, Surat if vacant seat is available in that college. In case no vacant seat is available in that college she shall be given admission to M. P. Shah Medical College at Jamnagar or Pramukh Swami Medical College at Karamsad in order of preference shown by tier. In case the petitioner is pot given admission in the Government Medical College at Surat on account of there being no vacant seat, the petitioner shall be considered for transfer to that college if and when vacancy arises in future in that college.
14. Rule made absolute accordingly with costs. Writ to be sent down forthwith.
15. Petition allowed.