Karnataka High Court
Sri Ambalike Hiriyanna vs The Principal Secretary on 11 March, 2013
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF MARCH 2013
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.25818/2012 (EDN-RES-PIL)
BETWEEN
SRI AMBALIKE HIRIYANNA
S/O SR. GIDDAIAH GOWDA
AGED 63 YEARS, R/A NO.10/9
BALAJI PARADISE, K E B LAYOUT
KATTRIGUPPE MAIN ROAD
BSK III STAGE, BANGALORE-560085
... PETITIONER
(BY SRI C V KUMAR, ADV.,)
AND
1. THE PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION)
GOVERNMENT OF INDIA
NIRMAN BHAVAN, NEW DELHI
2. THE MEDICAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG, KOTLA ROAD
OPPOSITE MATA SUNDARI COLLEGE
FOR WOMEN, NEAR ITO, NEW DELHI
REPRESENTED BY ITS PRESIDENT
3. THE PRINCIPAL SECRETARY TO
THE GOVERNMENT OF KARNATAKA
MEDICAL EDUCATION DEPARTMENT
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI, BANGALORE
2
4. THE KARNATAKA EDUCATION AUTHORITY
MALLESHWARAM, BANGALORE
BY ITS CHAIRMAN
5. THE DIRECTOR OF MEDICAL EDUCATION
IN KARNATAKA, ANANDA RAO CIRCLE
BANGALORE
6. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
JAYANAGAR, BANGALORE
7. THE CHAIRMAN
COMED-K, NO.132, II FLOOR
11TH MAIN, 17TH CROSS
MALLESHWARAM, BANGALORE ... RESPONDENTS
(BY SRI R.DEVDAS, AGA R-1 & 3;
SRI ZULFIKIR KUMAR SHAFI, ADV., FOR R-2;
SMT.NILOUFER AKBAR, ADV., FOR SRI N.K.RAMESH,
ADV., FOR R-4 & 6;
SRI K.SHASHIKIRAN SHETTY, ADV., FOR R-7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO TAKE IMMEDIATE STEPS TO
PREVENT MALPRACTICE IN THE ALLOTMENT OF SEATS IN
MEDICAL UNDER GRADUATE AND POST GRADUATE COURSE
AND TO ENSURE A JUST AND FAIR PROCEDURE FOR
SELECTION OF CANDIDATES TO THE MEDICAL UNDER
GRADUATE AND POST GRADUATE COURSES IN KARNATAKA
IN THE LIGHT OF THE STEPS SUGGESTED IN THE
PETITIONER'S REPRESENTATION DATED 31.03.2012 VIDE
ANNEXURE-J AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA .J MADE THE
FOLLOWING:
ORDER
This writ petition is filed in public interest by a retired Professor in Sociology seeking a direction to the 3 respondents to take steps to prevent malpractice in the allotment of seats in Medical-Undergraduate and Postgraduate courses and to ensure that a just and fair procedure for selection of candidates to the Medical- Undergraduate and Postgraduate courses in Karnataka, in the light of the suggestions made by the petitioner in his representation dated 31.03.2012. The petitioner has also sought an investigation or enquiry into the admission or allotment of seats in Medical-Undergraduate and Postgraduate courses made hitherto.
2. We have heard learned counsel for the parties.
3. The grievance of the petitioner, which is ventilated through his counsel, is that the seats which are initially allotted to the students are subsequently not filled by way of admission in colleges and that other students are denied the benefit of such seats and that those seats are allotted by the colleges to some other students for an exorbitant price.
4. The contention of counsel for the petitioner is countered by counsel for the respondents who, in unison, submit that having regard to the procedure which has been 4 followed pursuant to various judgments of the Hon'ble Supreme Court hitherto and particularly, having regard to the directions issued in the recent decision of the Supreme Court in the case of PRIYA GUPTA vs STATE OF CHHATTISGARH AND OTHERS ([2012]7 SCC 433), admissions are being made. They submit that the respondents/authorities cannot deviate from the procedure, which has been prescribed by the Apex Court in various decisions and that any deviation from the said procedure would invite consequential penal action including Contempt of Court. They, therefore, submit that the grievance of the petitioner has been taken care of by the various directions issued by the Supreme Court and particularly, in PRIYA GUPTA's case.
5. We have perused the recent decision of the Supreme Court in PRIYA GUPTA's case. In the said case, the admission made to the medical seats by the State of Chhattisgarh was called in question. The Supreme Court has adverted to its earlier judgment in the case of T.M.A. PAI FOUNDATION vs STATE OF KARNATAKA ([2002]8 SCC
481) and the subsequent judgment in the case of P.A.INAMDAR AND OTHERS vs STATE OF MAHARASHTRA 5 AND OTHERS ([2005]6 SCC 537) as well as the judgment in MRIDUL DHAR vs UNION OF INDIA ([2005]2 SCC 65) and has issued certain directions in rem which are extracted as follows for easy reference:
"46.1. The commencement of new courses or increases in seats of existing courses of MBBS/BDS are to be approved/ recognized by the Government of India by 15th July of each calendar year for the relevant academic sessions of that year.
46.2. The Medical Council of India shall, immediately thereafter, issue appropriate directions and ensure the implementation and commencement of admission process within one week thereafter.
46.3. After 15th July of each year, neither the Union of India nor the Medical or Dental Council of India shall issue any recognition or approval for the current academic year. If any such approval is granted after 15th July of any year, it shall only be operative for the next academic year and not in the current academic year. Once the sanction/approval is granted on or before 15th July of the relevant year, the name of that college and all seats shall be 6 included in both the first and the second counselling, in accordance with the Rules.
46.4. Any medical or dental college, or seats thereof, to which the recognition/ approval is issued subsequent to 15th July of the respective year shall not be included in the counselling to be conducted by the authority concerned and that college would have no right to make admissions in the current academic year against such seats.
46.5. The admission to the medical or dental colleges shall be granted only through the respective entrance tests conducted by the competitive authority in the State or the body of the private colleges. These two are the methods of selection and grant of admission to these courses. However, where there is a single Board conducting the State examination and there is a single medical college, then in terms of Clause 5.1 of the Medical Council of India Eligibility Certificate Regulations, 2002 the admission can be given on the basis of 10+2 exam marks, strictly in order of merit.
46.6. All admissions through any of the stated selection processes have to be effected only after due publicity and in 7 consonance with the directions issued by this Court. We vehemently deprecate the practice of giving admissions on 30th September of the academic year. In fact, that is the date by which, in exceptional circumstances, a candidate duly selected as per the prescribed selection process is to join the academic course of MBBS/BDS. Under the directions of this Court, second counselling should be the final counselling, as this Court has already held in Neelu Arora v. Union of India [(2003)3 SCC 366] and third counselling is not contemplated or permitted under the entire process of selection/grant of admission to these professional courses.
46.7. If any seats remain vacant or are surrendered from all-India quota, they should positively be allotted and admission granted strictly as per the merit by 15th September of the relevant year and not by holding an extended counselling. The remaining time will be limited to the filling up of the vacant seats resulting from exceptional circumstances or surrender of seats. All candidates should join the academic courses by 30th September of the academic year.8
46.8. No college may grant admissions without duly advertising the vacancies available and by publicising the same through the internet, newspaper, on the notice board of the respective feeder schools and colleges, etc. Every effort has to be made by all concerned to ensure that the admissions are given on merit and after due publicity and not in a manner which is ex facie arbitrary and casts the shadow of favouritism.
46.9. The admissions to all government colleges have to be on merit obtained in the entrance examination conducted by the nominated authority, while in the case of private colleges, the colleges should choose their option by 30th April of the relevant year, as to whether they wish to grant admission on the basis of the merit obtained in the test conducted by the nominated State authority or they wish to follow the merit list/rank obtained by the candidates in the competitive examination collectively held by the nominated agency for the private colleges. The option exercised by 30th April shall not be subject to change. This choice should also be given by the colleges which are anticipating grant 9 of recognition, in compliance with the date specified in these directions.
47. All these directions shall be complied with by all concerned, including the Union of India, Medical Council of India, Dental Council of India, State Governments, universities and medical and dental colleges and the management of the respective universities or dental and medical colleges. All default in compliance with these conditions or attempt to overreach these directions shall, without fail, invite the following consequences and penal actions.
47.1. Every body, officer or authority who disobeys or avoids or fails to strictly comply with these directions stricto sensu shall be liable for action under the provisions of the Contempt of Courts Act. Liberty is granted to any interested party to take out the contempt proceedings before the High Court having jurisdiction over such institution/State, etc. 47.2. The person, member or authority found responsible for any violation shall be departmentally proceeded against and punished in accordance with the Rules. We make it clear that violation of these 10 directions or overreaching them by any process shall tantamount to indiscipline, insubordination, misconduct and being unworthy of becoming a public servant.
47.3. Such defaulting authority, member or body shall also be liable for action by and personal liability to third parties who might have suffered losses as a result of such default.
47.4. There shall be due channelisation of selection and admission process with full cooperation and coordination between the Government of India, State Government, universities, Medical Council of India or Dental Council of India and the colleges concerned. They shall act in tandem and strictly as per the prescribed schedule. In other words, there should be complete harmonisation with a view to form a uniform pattern for concerted action, according to the framed scheme, schedule for admission and regulations framed in this behalf.
47.5. The college which grants admission for the current academic year, where its recognition/approval is granted subsequent to 15th July of the current academic year, shall be liable for 11 withdrawal of recognition/approval on this ground, in addition to being liable to indemnify such students who are denied admission or who are wrongfully given admission in the college.
47.6. Upon the expiry of one week after holding of the second counselling, the unfilled seats from all quotas shall be deemed to have been surrendered in favour of the respective States and shall be filled thereafter strictly on the basis of merit obtained in the competitive entrance test.
47.7. It shall be mandatory on the part of each college and university to inform the State and the Central Government/ competent authority of the seats which are lying vacant after each counselling and they shall furnish the complete details, list of seats filled and vacant in the respective States, immediately after each counselling.
47.8. No college shall fill up its seats in any other manner."
These directions have been issued having regard to the fact that the colleges and the authorities involved in admissions to various medical courses must adhere to the time schedule, adopt a process of admission which is 12 transparent, fair and non-exploitatory and in order to comply with all other mandatory requirements of the entire scheme.
6. Having regard to the submission made by the respondents that the directions issued by the Hon'ble Supreme Court from time to time which have been complied with and for the ensuing admissions also, directions issued in PRIYA GUPTA's case shall also be complied with, we are of the view that the grievances which have been ventilated in this petition have been met and we direct that the respondents/authorities would make admissions strictly in compliance with the various directions of the Supreme Court including the latest directions in PRIYA GUPTA's case.
Writ petition is accordingly disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv