Supreme Court - Daily Orders
Christian Medical College Vellore ... vs Medical Council Of India on 27 April, 2017
WP(C) 261/17
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ITEM NO.7 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.261/2017
CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION Petitioner(s)
VERSUS
MEDICAL COUNCIL OF INDIA AND ORS Respondent(s)
(With appln. (s) for ex-parte stay, permission to file lengthy list
of dates, permission to file additional documents and office
report)
WITH W.P.(C) No.171/2017
(With directions and intervention and permission to file lengthy
list of dates and stay and office report)
W.P.(C) No.258/2017
(With ex-Parte stay and office report)
W.P.(C) No.227/2017
(With stay and office report)
S.L.P.(C) Nos.31037-31038/2016
(With exemption from filing O.T. and stay/direction and interim
relief and office report)
S.L.P.(C) No.31427/2016
(With exemption from filing c/c of the impugned judgment and
exemption from filing O.T. and interim relief and office report)
W.P.(C) No.270/2017
(With ex-Parte stay and office report)
W.P.(C) No.102/2017
(With ex-Parte stay and permission to file additional documents and
permission to file lengthy list of dates and office report)
W.P.(C) No.292/2017
(With ex-Parte stay and office report)
S.L.P.(C) No.30336/2016
(With interim relief and office report)
Date : 27/04/2017 These petitions were called on for hearing today.
CORAM :
Signature Not Verified
Digitally signed by
CHETAN KUMAR
Date: 2017.05.01
HON'BLE MR. JUSTICE DIPAK MISRA
16:48:55 IST
Reason: HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
WP(C) 261/17
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For Petitioner(s) M/s. Parekh & Co.
Mr. Kapil Sibal, Sr. Adv.
Mr. P.H. Parekh, Sr. Adv.
Mr. Krishna Srinivasan, Adv.
Mr. E.R. Kumar, Adv.
Ms. Geethi Ara, Adv.
Mr. Ishan Nagar, Adv.
Ms. Tanya Chaudhry, Adv.
Ms. Swati Bhardwaj, Adv.
Mr. Rakesh K. Sharma, AOR
Mr. V. Giri, Sr. Adv.
Mr. Ramesh Babu M. R., AOR
Mr. Sunil gupta, Sr. Adv.
Mr. Romy Chacko, AOR
Mr. Subham Singh, Adv.
Mr. Varun Mudgal, Adv.
Mr. Salman Khurshid, Sr. Adv.
Mr. S.G. Hasnain, Sr. Adv.
Ms. Preetika Dwivedi, AOR
Mr. Mohd. Zahid Hussain, Adv.
Ms. Azra Rehman, Adv.
Mr. Aftab Ali Khan, Adv.
Mr. Rajiv Ranjan Dwivedi, AOR
Mr. K. Parameshwar, AOR
Mr. S. Shree Ram, Adv.
Mr. D.N. Dubey, Adv.
Ms. Asha Gopalan Nair, AOR
For Respondent(s)
Mr. B. Balaji, AOR
Mr. Subramonium Prasad, Sr. Adv.
Mr. M. Yogesh Kanna, AOR
Mrs. Maha Lakshmi, Adv.
Ms. Nithya, Adv.
Mr. Parth Sarpathi, Adv.
Ms. Binu Tamta, AOR
Mr. Vikas Singh, Sr. Adv.
Mr. Gaurav Sharma, AOR
Mr. Prateek Bhatia, Adv.
Mr. Dhawal Mohan, Adv.
Ms. Amandeep Kaur, Adv.
WP(C) 261/17
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Ms. Vara Gaur, Adv.
Ms. Deepika Kalia, Adv.
Ms. Kiran Bhardwaj, Adv.
Ms. Binu Tamta, Adv.
Ms. Bharti Tyagi, Adv.
Mr. Rajat Singh, Adv.
Mr. R. Balasubramanian, Adv.
Mr. Ananya Mishra, Adv.
Ms. Aarti Shrama, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Kapil Sibal, Sr. Adv.
Mr. Sunil Fernandes, AOR
Ms. Astha Sharma, Adv.
Ms. Mithu Jain, Adv.
Mr. Arnav Vidyarthi, Adv.
Mr. Rakesh K. Sharma, Adv.
Mr. Prieyaa Masih, Adv.
Mr. S.R. Singh, Sr. Adv.
Mr. A.K. Prasad, Adv.
Mr. Abhisth Kumar, AOR
Mr. Jagjit Singh Chhabra, AOR
Mr. Sanchar Anand, AAG
Mr. Apoorv Singhal, Adv.
Mr. Anant K. Vatsya, Adv.
Mr. Narsingh N. Rai, Adv.
Mr. Devendra Singh, AOR
Mr. Govind Goel, Adv.
Mr. Ankit Goel, Adv.
Mr. Shrey Dambhare, Adv.
Mr. Alok Kumar Dwivedi, Adv.
Lex Apex
Mr. Gaurav Dhingra, AOR
Mr. Pankaj Pandey, Adv.
UPON hearing the counsel the Court made the following
O R D E R
W.P.(C) No.261/2017
It is submitted by Mr. Vikas Singh, learned senior counsel along with Mr. Gaurav Sharma, learned counsel appearing for the Medical Council of India that the WP(C) 261/17 4 petitioner-Institution has already given admission to the students pursuant to the notification issued by the National Board of Education (NBE) in September, 2016, which permitted the Institution to do so. Therefore, the question of common counseling does not arise for this year and hence, the matter may be listed for hearing on 13th September, 2017.
W.P.(C) Nos.102/2017 & 171/2017 Heard learned counsel for the parties.
As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e. 2017-2018, are as follows:-
(i) The students who had participated in the common counseling held by the State of Punjab shall furnish an undertaking that they will serve the Mission Hospitals run by the CMC/CDC, Ludhiana and their outreach centres and affiliated hospitals for a period of three years upon completion of their post-graduate course. This will apply to twenty-three candidates, who come within the 'In Service Commitment' category.
(ii) The aforesaid condition shall only be applicable to Christian Medical College Ludhiana Society.
(iii) The second counseling is going to take place on 11th May, 2017. The representative of the Society shall remain present during the counseling and the students who come within the 'In Service Commitment' category shall furnish the undertaking that they would also give similar undertaking that has been incorporated in condition No.1.
WP(C) 261/17 5
(iv) The conditions that are imposed for doing service after completion of post-graduate course shall only be applicable to 'In Service Commitment' category so that the petitioner-Society is in a position to run its hospitals.
(v) The second counseling which is going to take place on 11th May, 2017, shall include the students from minority category to fill up the balance of the said category i.e. 50% of the students, after exclusion from NRI quota.
(vi) If a student who has undergone through the process of counseling and does not intend to take admission in the petitioner-Institution, the said student can participate in the second counseling and will be selected keeping in view the directions passed herein-above.
(vii) If a student decides not to take admission in the petitioner-Institution, the counseling authority shall allocate him to a college according to his choice as per the regulations.
(viii) The counseling shall be conducted by the respondent No.5, Baba Farid University of Health Sciences, Faridkot, which has been nominated by the State of Punjab.
All these arrangements are meant for academic year 2017-2018 as the contentious issues raised in this petition are going to be addressed.
Let the matter be listed for the said purpose on 13th September, 2017.
WP(C) 261/17 6 W.P.(C) No.270/2017 Heard Mr. Sunil Gupta, learned senior counsel along with Mr. Romy Chacko, learned counsel for the petitioners and Mr. Vikas Singh, learned senior counsel along with Mr. Gaurav Sharma, learned counsel for the respondents.
As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e. 2017-2018 are as follows:-
(i) The authorized representatives of the colleges, who are petitioners herein, shall remain present at the time of counseling. We have used the word 'counseling' as Mr. Gupta, learned senior counsel has submitted that the first counseling has not yet been done in respect of these colleges. Mr. Vikas Singh, learned senior counsel would submit that when there is a common counseling, the question of holding counseling for four institutions does not arise. Be that as it may, that need not be adverted to at the present.
(ii) The second counseling is going to take place on 11th May, 2017. On that day, the authorized representative of the petitioner-colleges shall remain present and students shall be allocated to their colleges on the basis of merits. Needless to say, the counseling shall be done by the State or any university or authority that has been nominated by the State.
(iii) At the time of counseling, the candidates who are inclined to take admission in these colleges shall furnish an undertaking that they will do service in the Mission Hospitals connected with the present colleges after completion of the post-graduate course for a period WP(C) 261/17 7 of one year.
(iv) The aforesaid prescription shall only be applicable to the minority students admitted by the petitioner-colleges on the basis of the common counseling. The representative of the colleges shall identify the status of minority, but what will ultimately prevail is that the minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have the priority in admission.
(v) The decision taken in the counseling committee shall be implemented by the colleges so that harmony is maintained.
The present order shall apply only to the post graduate admissions.
As far as the issue regarding under-graduate course is concerned, Mr. Vikas Singh, prays for three days time to come up with set up of solutions.
Let the matter be listed for the said purpose on 4th May, 2017.
S.L.P.(C) Nos.31037-31038/2016 As the prayer in these special leave petition relates to under-graduate course, which is also a part prayer in W.P.(C) No.270 of 2017, let this matter be listed on 4th May, 2017.
W.P.(C) No.227/2017Heard Mr. Romy Chacko, learned counsel for the petitioner.
WP(C) 261/17 8 It is fairly accepted at the Bar that the order passed in W.P.(C) No.270/2017 can be made applicable to this writ petition. The order passed in Writ Petition No.270/2017 is as follows:-
“As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e. 2017-2018 are as follows:-
(i) The authorized representatives of the colleges, who are petitioners herein, shall remain present at the time of counseling. We have used the word 'counseling' as Mr. Gupta, learned senior counsel has submitted that the first counseling has not yet been done in respect of these colleges. Mr. Vikas Singh, learned senior counsel would submit that when there is a common counseling, the question of holding counseling for four institutions does not arise. Be that as it may, that need not be adverted to at the present.
(ii) The second counseling is going to take place on 11th May, 2017. On that day, the authorized representative of the petitioner-colleges shall remain present and students shall be allocated to their colleges on the basis of merits. Needless to say, the counseling shall be done by the State or any university or authority that has been nominated by the State.
(iii) At the time of counseling, the candidates who are inclined to take admission in these colleges shall furnish an undertaking that they will do service in the Mission Hospitals connected with the present colleges after completion of the post-graduate course for a period of one year.
(iv) The aforesaid prescription shall only be applicable to the minority students admitted by the petitioner-colleges on the basis of the common counseling. The WP(C) 261/17 9 representative of the colleges shall identify the status of minority, but what will ultimately prevail is that the minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have the priority in admission.
(v) The decision taken in the counseling committee shall be implemented by the colleges so that harmony is maintained.
The present order shall apply only to the post graduate admissions.
As far as the issue regarding under-graduate course is concerned, Mr. Vikas Singh, prays for three days time to come up with set up of solutions.
Let the matter be listed for the said purpose on 4th May, 2017.” Let the matter be listed on 4th May, 2017.
W.P.(C) No292/2017Let a copy of this petition be served on Mr. Gaurav Sharma, learned counsel assisting Mr. Vikas Singh, learned senior counsel for the Medical Council of India. In addition, a copy of the petition be also served on Mr. S. Udaya Kumar Sagar, learned Standing Counsel for the State of Telangana and learned counsel for the KNR University of Health Sciences, Telangana.
List the matter on 1st May, 2017.
The Registry is directed to reflect the names of Mr. Gaurav Sharma and Mr. S. Udaya Kumar Sagar in the Cause List on the next date of hearing.
WP(C) 261/17 10 S.L.P.(C) Nos.31427/2016 & 30336/2017 Let these matters be listed on 4th May, 2017.
W.P.(C) Nos.258/2017Let this writ petition be listed on 2nd May, 2017.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master