Supreme Court - Daily Orders
Lipika Gupta vs U.O.I on 19 May, 2014
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ITEM NO.2 COURT NO.5 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(s). 737 OF 2013
LIPIKA GUPTA & ANR Petitioner(s)
VERSUS
U.O.I & ORS Respondent(s)
(With appln(s) for directions, stay, impleadment as party
respondent, impleadment and office report)
WITH W.P.(C) NO. 433/2013
(With appln(s) for intervention, stay, impleadment, directions,
permission to file additional documents and office report)
W.P.(C) 716/2013 (With office report)
Date: 19/05/2014 These Petitions were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE DIPAK MISRA
HON’BLE MR. JUSTICE N.V. RAMANA
(VACATION BENCH)
For Petitioner(s) Mr. Vikas Mehta, Adv.
For Applicant (s Mr. Puneet Jain, Adv.
Ms. Pratibha Jain, Adv.
For Respondent(s) Mr. Siddharth Luthra, ASG
For UOI Mr. R. Balasubramanian, Adv.
Mr. M. Khairati, Adv.
Ms. Meenakshi Grover, Adv.
Ms. Sushma Suri, Adv.
Mr. D.S. Mahra, Adv.
For MCI Mr. Gaurav Sharma, Adv.
Mr. Amandeep Kaur, Adv.
Mr. Prateek Bhatia, Adv.
Mr. Amit Kumar, Adv.
Ms. Hemantika Wahi, Adv.
Ms. Giss Antony, Adv.
For State of Assam Mr. Navnit Kumar, Adv.
For M/s. Corporate Law Group, Advs.
St. of Karnataka Mr. V.N. Raghupathy, Adv.
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GGSIP Mr. Vaibhav Kalra, Adv.
Mr. Apoorva Kurup, Adv.
State of Goa Mr. Siddharth Bhatnagar, Adv.
Mr. Pawan Kumar Bansal, Adv.
Mr. T. Mahipal, Adv.
State of Haryana Mr. Manjit Singh, AAG.
Ms. Nupur Chaudhary, Adv.
Mr. Kamal Mohan Gupta, Adv.
State of H.P. Mr. Surya Narayana Singh, AAG.
Ms. Pragati Neekhra, Adv.
State of Kerala Mr. Ramesh Babu M.R., Adv.
State of M.P. Mr. Mishra Saurabh, Adv.
Mr. Kush Chaturvedi, Adv.
State of Maharashtra Mr. Garvesh Kabra, Adv.
Mr. Aniruddha P. Mayee, Adv.
Ms. Kirti Renu Mishra, Adv.
State of Rajasthan Mr. Ram Naresh Yadav, Adv.
Ms. Ruchi Kohli, Adv.
For State of U.P. Mr. Irshad Ahmed, AAG.
Mr. Abhisth Kumar, Adv.
State of W.B. Mr. Anip Sachthey, Adv.
Mr. Saakar Sardana, Adv.
Mr. V.G. Pragasam, Adv.
Mr. B. Balaji, Adv.
Mr. Nirnimesh Dube, Adv.
Ms. N. Annapoorani, Adv.
Mr. Sarad Kumar Singhania, Adv.
Ms. Asha G. Nair, Adv.
Mr. Harsh Vardhan Surana, Adv.
Mr. C.D. Singh, Adv.
Ms. Sharmila Upadhyay, Adv.
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UPON hearing counsel the Court made the following
O R D E R
This Court on 14.03.2014, after hearing the learned counsel for the parties, passed the following order:
’For the time being we fix the following schedule for the admissions to the Post Graduate Medical Courses for the academic session 2014-2015:-
SCHEDULE FOR ADMISSION POST GRADUATE COURSES [BROAD SPECIALITY] STATE QUOTA All INDIA QUOTA 1st round of counselling To be over by Between 4th 30th March April and 16th April Last date for joining the 7th April 26th April allotted college and course 2nd round of counselling for 27th April to 9th May to 13th allotment of seats from 3rd May May waiting list Last date for joining for 10th May 24th May candidates allotted seats in 2nd round of counselling 3rd round of counselling (Round 20th June to 25th May to 9th for filling up seats reverted 25th June June from AIQ/other vacant State Quota seats) Last date for joing for 30th June 19th June candidates allotted seats in 3rd round of counselling Commencement of academic 30th June 30th June session Last date up to which students 10th July Not applicable can be admitted against vacancies arising due to any reason from the waiting list The Medical Council of India will notify the aforesaid schedule’.4
The time schedule as is clear relates to post- graduate admission. When the matter was listed again on 11.4.2014, the following order came to be passed:
’We have already passed an order on 14th March, 2014 fixing up the schedule for counselling in Post Graduate Medical and Dental Courses for States as well as All India Medical Quota. If any of the authorities of the States or the Union of India do not comply with the schedule, they will suffer the risk of contempt as also the risk of this Court not altering the time schedule for any round of counselling’.
Thereafter, the matter was listed on 9.5.2014 and a joint prayer was made to list the matter before the Vacation Bench and accordingly it has been listed.
Mr. Siddharth Luthra, learned ASG appearing for the Union of India, submitted that this Court on 11.04.2014 had indicated for fixation of a time schedule for admission to MBBS and BDS courses. Mr. Luthra would further submit that earlier he had produced the written instructions but to bring in a clear picture he has filed a comprehensive affidavit.
The said affidavit contains a time schedule as Annexure II for the academic year 2014-2015. The said time-schedule reads as follows:-
’Time schedule for completion of the admission process for first MBBS Course (Proposal for making it applicable from Year 2014.. onwards) Schedule for admission Seats filled up by the Seats filled up by State Govt./ the Central Institutions Government through all India Entrance Examination Conduct of Examination Month of May Month of May Declaration of Result By 5th June By 5th June of qualifying examination/entrance examination 1st Round of To be over by 25th June 1st July to 11th July counselling/admission 5 Last date for joining By 03rd July By 21st July the allotted college and course 2nd Round of To be over by 27th July 01st to 4th August counselling/admission Last date for joining By 2nd August 16th August for the candidates allotted seats in 2nd Round of counselling 3rd Round of counselling 06th to 10th September 17th to 26th August Last date for joining By 17th September 5th September for the candidates allotted seats in 3rd round of counselling Commencement of 1st September 1st September academic session Last date up to which 30th September Not applicable students can be admitted against vacancies arising due to any reason The above proposed schedule for admission may also be made applicable for BDS admission".
Having heard Mr. Luthra for the Union of India, Mr. Gaurav Sharma, learned Advocate for M.C.I. and Mr. Puneet Jain and others for respondents, we approve the said schedule and direct that all the authorities shall follow the said schedule for the academic year 2014-2015 without any deviation, and we make it clear that any deviation by any agency will tantamount to contempt of this Court.
We would be failing in our duty if we do not taki note of the submission of Mr. Gaurav Sharma, learned counsel appearing for the MCI that Union of India should not delay or pray for extension of the period for grant of permission for enhancement of seats or in granting fresh permission to medical institutions as that may affect the admission process. Mr. Luthra, learned ASG has assured this Court that there would be no delay on that score on the part of the Union of India and that he would intimate the competent authorities in that regard.6
As we have issued these directions, needless to say, all concerned with the admission process shall abide by the same and accordingly issue necessary modifications in their prospectus or otherwise, if warranted.
Mr. Gaurav Sharma, learned counsel for the MCI has undertaken that they would put the schedule, which has been reproduced hereinabove, on their website and also notify it as per the norms of the M.C.I. within three days.
The other interlocutory applications filed by the State of M.P. and others shall be dealt with on the next date of hearing.
Call on 30.06.2014.
(NAVEEN KUMAR) (RENUKA SADANA) COURT MASTER COURT MASTER