Madhya Pradesh High Court
Ln Medical College Hospital And ... vs The State Of Madhya Pradesh on 16 August, 2018
Equivalent citations: AIR 2018 MADHYA PRADESH 258, AIRONLINE 2018 MP 965
Author: R. S. Jha
Bench: Mohd. Fahim Anwar, R. S. Jha
1 W.P No.17158/2018
HIGH COURT OF MADHYA PRADESH AT JABALPUR
WRIT PETITION NO.17158/2018
PETITIONERS : L. N. MEDICAL COLLEGE,
HOSPITAL AND RESEARCH
CENTRE AND ANOTHER
Vs.
RESPONDENTS : THE STATE OF M.P.
AND OTHERS.
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Present : Hon'ble Shri Justice R.S. Jha,
Hon'ble Shri Justice Mohd. Fahim Anwar.
For the petitioner : Shri Sidharth Gupta, Advocate.
For respondent/State : Shri Deepak Awasthi, Dy.Advocate
General.
For the respondent MCI : Smt. Indira Nair, Senior Counsel
with Shri Anoop Nair, Advocate.
For respondents 4 & 5 : Shri Pradeep Sharma, Advocate.
For respondent no.6 : Shri Gulab Singh, Advocate.
For respondent no.8 : Shri Madhur Shukla, Advocate.
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Whether approved for reporting:
Law laid down :
Significant paragraph numbers :
ORDER
(16/08/2018) Per R. S. Jha, J.
The learned counsel for the petitioner prays for and and is permitted to implead H.K. Kalchuri Educational Trust, Bhopal, as a petitioner in the petition in the Court itself.
2 W.P No.17158/2018
2. Necessary amendment in this regard is permitted to be carried out.
3. This petition has been filed by the Society as well as the L.N. Medical College being aggrieved by the manner in which 150 students of R.K.D.F. Medical College, Bhopal have been adjusted in the remaining 6 private medical colleges in the State of Madhya Pradesh, pursuant to the orders passed by the Supreme Court in the case of "Sarvapalli Radhakrishnan University and another Vs. Union of India and others" W.P.S.(Civil) Nos.1001/2017, 1047/2017 and 731/2018 and the interlocutory applications filed by them i.e. the petitioner College and the respondents No.6 to 10 college.
4. The brief facts, leading to the filing of the present petition, are that 150 students were admitted in R.K.D.F. Medical College Hospital & Research Centre, Bhopal in the M.B.B.S. Course for the academic session 2017-18. As the recognition to the R.K.D.F. Medical College was withdrawn by the Medical Council of India, the admissions of all the aforesaid 150 students were cancelled pursuant to which the matter travelled upto the Supreme Court in the aforesaid writ petitions. The Supreme Court by a common order passed on 3.7.2018 has directed the State to accommodate the 150 students 3 W.P No.17158/2018 who were admitted in the R.K.D.F. Medical College Hospital & Research Center in the academic session 2017-18 in the 6 private medical colleges in the State of Madhya Pradesh in the academic session 2018-19 by conducting separate counselling and allotment of seats for them strictly in accordance with their merit with a further direction that the aforesaid 150 students shall pay fees to the concerned private medical college to which they are admitted and their entitlement for refund of the fees paid to R.K.D.F. Medical College shall be adjudicated in W.P. (C) No.1001/2017.
5. Pursuant to the aforesaid directions, the respondent authorities have undertaken the process of counselling and allotment of colleges to the 150 students of the R.K.D.F. College which is subject matter of the present petition filed by one of the six private medical colleges i.e. L.N. Medical College Hospital and Research Center.
6. The allotment of 150 seats to the six private medical colleges, pursuant to the directions issued by the Supreme Court, is assailed by the petitioners on the ground that in accordance with the number of seats available in the private medical colleges and in view of the equal distribution of 150 seats in the six private 4 W.P No.17158/2018 medical colleges, 25 students are required to be adjusted in each of the six private medical colleges.
7. It is submitted that out of the 25 students that have to be adjusted by each of the private medical colleges, proportionate reservation in accordance with the Rules relating to admission was required to be maintained by the authorities of the State for the Scheduled Caste, Scheduled Tribe and OBC categories. It is submitted that the respondent authorities, instead of doing so and totally misconstruing the order passed by the Supreme Court and the observations made therein that the admissions shall be made in accordance with the merit, have filled 25 seats each in the six private medical colleges in accordance with the choice of the 150 students as a result of which the number of General category candidates who have been granted admission in Aurobindo Medical College, People's Medical College, R.D. Gardi Medical College and Chirayu Medical College is much more than the proportion and ratio prescribed in the Rules, whereas the number of reserved category candidates that have been adjusted in L.N. Medical College and Index Medical College is far in excess of the quota reserved for the reserved category candidates. 5 W.P No.17158/2018
8. The learned counsel for the petitioner submits that the Rules relating to admission clearly prescribe a particular percentage of seats to be reserved and to be filled up from the reserved category candidates. It is submitted that in accordance with the Rules relating to reservation applicable to the admissions of 2018, proportionate reservation in the 25 seats, has to be maintained and followed by the State. It is submitted that while the authorities of the State have strictly followed the Rules of reservation in respect of the remaining seats in all the private medical colleges, i.e. seats remaining after deducting 25 seats and have duly allotted the seats to the reserved category candidates in accordance with the Rules, the same procedure and the prescription of the Rules has been done away with and ignored by them while adjusting 150 students of R.K.D.F. medical college in the 25 seats of each college.
9. It is submitted that in such circumstances, the impugned adjustment and admissions made by the respondent authorities on the 25 seats in each of the six private medical colleges that were to be filled up by adjusting 150 students of R.K.D.F. Medical College of the academic sessions 2017-18, is contrary to law and deserves to be quashed.
6 W.P No.17158/2018
10. The learned counsel for the petitioner, in the alternative, submits that as all the 150 students have to be adjusted in terms of the directions issued by the Supreme Court, reshuffling and readjustment of these students be made by the respondent State by following the Rules of reservation, so that proportionate reservation and even distribution of reserved category candidates is made in each of the six private medical colleges.
11. It is submitted that as a result of this uneven distribution of reserved category candidates, the petitioner institution shall suffer severe financial loss and hardship as the reserved category candidates do not pay the necessary fees which is ultimately reimbursed to them by the State, that too, only to the extent of the fee that has been determined and prescribed for Government Colleges. It is submitted that in such circumstances, the petitioner College has been put at a disadvantage whereas some of the private medical colleges have been benefited by adjusting practically 100% of the general category candidates therein.
12. The learned Dy. Advocate General appearing for the respondent/State, on the basis of the return filed by 7 W.P No.17158/2018 them before this Court, submits that the authorities of the State have adjusted 150 students of RKDF Medical College of the previous session strictly in terms of the directions issued by the Supreme Court in the case of Sarvapalli Radhakrishna University (supra) wherein the Supreme Court has directed holding of a separate counselling for the 150 students and to allot them private medical college strictly in accordance with merit. It is submitted that pursuant thereto and in compliance of the directions of the Supreme Court, the authorities of the State have asked the 150 students concerned to give their choice filling in accordance with their merit and as those who are higher in merit have opted for certain colleges, the authorities of the State have allotted those colleges to them as they were entitled to make such a choice being higher in merit. It is submitted that as the admissions and allotments have been made strictly in accordance with the merit, therefore, no fault can be found with the same.
13. The learned counsel appearing for the private medical colleges submits that the orders passed by the Supreme Court had to be complied with in letter and spirit.
8 W.P No.17158/2018
14. The learned counsel appearing for the respondent nos.4 and 5, who allegedly have been impleaded by the petitioner in representative capacity and are students who have been allotted and have been granted admissions in Chirayu Medical College strictly in accordance with their merit, submit that they have nothing to say in respect of the issue raised by the petitioner and would abide by any order or direction issued by this Court in this regard. They have, however, stated that they are entitled to refund of the fees deposited by them in R.K.D.F. Medical College and would also be entitled to adjustment of the fees deposited by them in the current academic session with the Chirayu Medical College, in case they are required to be shifted to some other private medical college.
15. Apparently, the respondent nos.4 and 5, who were petitioner nos.2 & 3 before the Supreme Court in W.P (C) No.1047/2017, are students belonging to the General category who have been granted admission by the respondent authorities in Chirayu Medical College and represent all those who would otherwise be affected by any order passed by this Court and, therefore, their stand is taken on record while proceeding further in the matter.
9 W.P No.17158/2018
16. Before we proceed to decide the issue raised by the petitioner, it is necessary to take note of the fact that at present there are 850 seats sanctioned in six private medical colleges in the State of Madhya Pradesh, out of which 130 seats are reserved for NRI candidates and 720 seats are available for being filled up by the other candidates. It is also undisputed and admitted that pursuant to the order passed by the Supreme Court, 150 seats out of these 720 seats have been taken out of this pool for the purposes of adjusting 150 students of R.K.D.F. Medical College of the academic session 2017-18 and the remaining 570 seats have been made available for being filled up through the process of counselling for the year 2018-19.
17. It is also an undisputed fact that in accordance with the provisions of Rule 4 read with Schedule-II of the Medical Education Admission Rules, 2018, framed under the provisions of Section 12 of the Madhya Pradesh Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007(hereinafter referred to as 'the Act of 2007'), 16% reservation has been prescribed for Scheduled Caste candidates, 20% for Scheduled Tribe candidates and 14% for OBC 10 W.P No.17158/2018 category candidates. It is again undisputed and admitted that in terms of the aforesaid Rules of reservation, the respondent authorities have made the reservation for the respective categories in terms of the chart published by them and annexed alongwith the petition on page 94, Annexure P-7, in respect of the original available 720 seats in the six private medical colleges and that subsequently, pursuant to the directions issued by the Supreme Court on 3.7.2018 in W.P.S(C) No.1047/2017, the reservation prescribed for various categories for the remaining 570 seats after deducting 150 seats from the available seats has also been notified which has been Annexued alongwith the petition at page 96.
18. It is also an undisputed and admitted fact that similar proportionate reservation for the 150 seats to be filled up by the candidates of RKDF Medical College of the Session 2017-18 that was required to be published and specified by the State in terms of its reservation rules has not been undertaken or published by the State and that the State has allotted and adjusted 150 candidates of RKDF Medical College simply on the basis of the preference and choice given by the candidates by considering each one in accordance with their merit and choice allegedly in terms of the directions issued by the 11 W.P No.17158/2018 Supreme Court. It is also undisputed that as a result of the aforesaid non-prescription of the percentage of reservation in the 25 seats of each private medical colleges wherein the 150 students of RKDF Medical College had to be adjusted, disproportionate reservation for each of the reserved category as well as in respect of the general category candidates has resulted, details of which has been shown and placed before this Court by way of a chart given by the petitioner at pages 10 and 11 of the petition, which is not disputed by the respondents, summary of which indicates the following position:-
Sr. Colleges General SC ST OBC Total
No.
1 Aurbindo Medical 22 0 0 3 25
College Indore
2 Peoples Medical 17 0 0 8 25
College Bhopal
3 R.D. Gardi Medical 20 0 0 5 25
College Ujjain
4 Chirayu, Medical 18 0 0 7 25
College Bhopal
5 L.N.Medical College 02 13 0 10 25
Bhopal
6 Index Medical College 01 13 5 5 24
Indore
Grand Total 80 26 05 38 149
The total is shown as 149 because one student has chosen not to take admission in this quota. 12 W.P No.17158/2018
19. From a perusal of the aforesaid undisputed statistics placed before us and summarized as above, it is apparent that out of the 150 students of RKDF Medical College of the session 2017-18, 25 seats which had to be filled up in Aurobindo Medical College and Index Medical College, 22 have been filled up by general category candidate and 3 have been allotted OBC category candidates. Similar position and situation prevails in the People's Medical College, Bhopal, R. D. Gardi Medical College, Ujjain and Chirayu Medical College, Bhopal.
20. It is also evident that as a result of the method adopted by the respondent authorities, no Scheduled Caste or Scheduled Tribe category candidates have been allotted Aurobindo Medical College, People's Medical College, R.D. Gardi Medical College and Chirayu Medical College in the 25 seats reserved for RKDF students. At the same time, it is also evident that as many as 13 students each of the Scheduled Caste category have been adjusted in L. N. Medical College, Bhopal and Index Medical College, Indore and all the five Scheduled Tribe category candidates have been adjusted in Index Medical College, Indore. It is also apparent that maximum number of other backward category candidates i.e. 10 13 W.P No.17158/2018 candidates have been adjusted in L. N. Medical College, Bhopal.
21. From the aforesaid undisputed statistics, it is apparent that the percentage of reservation prescribed by the provisions of the statutory rules relating to admission, namely, Rule 4 read with Schedule-II of the Rules, stands violated on account of the erroneous admissions made by the respondent authorities on the 25 seats set apart in all the six private medical colleges for adjustment of 150 candidates of RKDF Medical College of the session 2017-18 as per the directions issued by the Supreme Court.
22. Having carefully perused the orders and directions issued by the Supreme Court in W.P.S(C) No.1047/2017 dated 3.7.2018/4.7.2018, we are unable to discern any direction contained in the said orders permitting the State to violate the Rules relating to reservation while adjusting 150 candidates of RKDF Medical College or to permit the authorities to adjust general category candidates in some colleges and reserved category candidates in other colleges.
23. It is also apparent from a perusal of the statistics placed before us that as a result of the method adopted 14 W.P No.17158/2018 by the respondent authorities they have violated their own Rules and the method adopted by them which has resulted in disproportionate adjustment of reserved category candidates for the six Private Medical Colleges in the State of Madhya Pradesh whereas the directions of the Supreme Court was explicit and clear to the extent that 150 candidates of RKDF Medical College of the Session 2017-18 had to be adjusted equally in the six Private Medical Colleges and in such circumstances, it was implicit therein for the respondent authorities to make proportionate distribution of reserved category candidates as well.
24. We are of the considered opinion that the State should have notified and prescribed the breakup of the number of seats that were required to be filled up by the reserved category candidates in respect of the 25 seats of each private Medical Colleges which had to be filled up by 150 students of RKDF Medical College of the session 2017-18 and failure on their part to do so has resulted in iniquitous and discriminatory allotment of the various category of candidates in the six private Medical Colleges inasmuch as maximum number of general category candidates have been adjusted in four private medical colleges while all the reserved category 15 W.P No.17158/2018 candidates have been adjusted in the remaining two medical colleges, namely L. N. Medical College (the petitioner) and Index Medical College.
25. In such circumstances and keeping in mind the fact that none of the 150 candidates of RKDF Medical College of the session 2017-18 can be denied admission in view of the directions issued by the Supreme Court and that the only exercise required to be undertaken by the authorities of the respondent/State, in terms of the Rules is to reshuffle and readjust 150 candidates amongst the six medical colleges in accordance with the rules of reservation, which have to be necessarily applied to the 25 seats set apart in the six private Medical Colleges for adjustment of 150 students of RKDF Medical College and that this exercise needs to be undertaken urgently as the process of counselling and admission for the remaining seats is still going on and in case certain seats of general or reserved category are made available in the process of reshuffling, they can be filled up in the on going counselling, necessary directions need to be issued by this Court.
16 W.P No.17158/2018
26. In view of the aforesaid, the petition, filed by the petitioner, is allowed and disposed of on the following directions:
(1) That the respondent authorities shall apply the rules of reservation i.e. Rule 4 and Schedule-II of the Rules of 2018 to the 25 seats reserved and set apart in each private medical colleges for the purposes of adjusting 150 students of RKDF Medical College and after doing so, shall readjust and reallocate the colleges to the 150 students in accordance with their choice and merit keeping their category in mind.
(2) Looking to the urgency in the matter, the aforesaid exercise is directed to be undertaken and completed by the respondents authorities at the earliest so that necessary adjustment, if any, requires to be made in the ongoing counselling for the remaining seats is made and that choice in accordance with the merit is made available to the students in the ongoing counselling and for that purpose necessary adjustment, if any, that may be required in the Schedule of counselling may be made without violating the directions in this regard issued by the Supreme Court from time to time. 17 W.P No.17158/2018
27. With the aforesaid directions, the petition filed by the petitioner stands allowed and disposed of.
A free copy of this order be supplied to the learned Dy. Advocate General for information and compliance C.C as per rules today.
(R. S. JHA) (MOHD. FAHIM ANWAR) JUDGE JUDGE mms/- Digitally signed by MONSI M SIMON Date: 2018.08.20 12:04:44 +05'30'