Supreme Court - Daily Orders
Ashish Ranjan vs Union Of India . on 18 January, 2016
Bench: Dipak Misra, N.V. Ramana
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO.7 & 8
IN
WRIT PETITION (CIVIL) NO.76 OF 2015
Ashish Ranjan & Ors. … Petitioners
VERSUS
Union of India & Ors. … Respondents
WITH
WRIT PETITION NOS.314 AND 328 OF 2015
O R D E R
Applications for impleadment are allowed.
Heard learned counsel for the petitioner, Mrs. Pinky Anand, learned additional solicitor general for the Union of India and Mr. Gaurav Sharma for the Medical Council of India.
Mr. Gaurav Sharma, has filed the notifications issued by the Medical Council of India with the previous sanction of the Central Government. The said Notification reads as under :
“In exercise of the powers conferred by Section 10(A) read with Section 33 of the Indian medical Signature Not Verified Council Act, 1956 (102 of 1956), the Medical Digitally signed by Gulshan Kumar Arora Date: 2016.01.22 Council of India wit the previous sanction of the 17:17:24 IST Reason: Central Government hereby makes the following Regulations to further amend the “Establishment of Medical College Regulations, 1999” namely:-
(i) These Regulations may be called the 'Establishment of Medical College 2 Regulations, (Amendment), 2015'.
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In the 'Establishment of Medical College Regulations, 1999', in SCHEDULE FOR RECEIPT OF APPLICATIONS FOR ESTABLISHMENT OF NEW MEDICAL COLLEGES AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA' the following shall substituted as under:-
TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR ESTABLISHMENT OF NEW MEDICAL COLLEGES/RENEWAL OF PERMISSION AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA S. Stage of processing Last Date No.
1. Receipt of applications by the Central Between 15th June to 7th Government July (both days inclusive) of any year
2. Forwarding application by the Central By 15th July Government to Medical Council of India.
3. Technical Scrutiny, assessment and By 15th December Recommendations for Letter of Permission by the Medical Council of India.
4. Receipt of reply/compliance from the Two months from receipt of applicant by the Central Government and recommendation from MCI for personal hearing thereto, if any, but not beyond 31st and forwarding of compliance by the January.
Central Government to the Medical Council of India.
5. Final recommendations for the Letter of By 30th April Permission by the Medical Council of India.
6. Issue of Letter of Permission by the By 31st May Central Government.
Note 1. In case of renewal of permission, the applicants shall submit the application to the Medical Council of India by 15th July.
xxx xxx xxx In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102) of 1956, the Medical Council of India with the previous sanction of the Central Government, 3 hereby makes the following Regulations to further amend the “Opening of a New or Higher Course of Study or Training (including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (Including a Postgraduate Course of Study or Training) Regulations 2000”, namely:-
1(i) These Regulations may be called the “Opening of a New or Higher Course of Study or Training (Including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (including Postgraduate Course of Study or Training (Amendment) Regulations 2015'.
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In 'Part II – SCHEME FOR PERMISSION OF THE CENTRAL GOVERNMENT TO INCREASE THE ADMISSION CAPACITY IN ANY COURSE OF STUDY OR TRAINING (INCLUDING POST GRADUATE COURSE OF STUDY OR TRAINING) IN THE EXISTING MEDICAL COLLEGES/INSTITUTIONS” of the 'Opening of a New or Higher Course of Study or Training (Including Postgraduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (Including a Postgraduate Course of Study or Training) Regulations 2000”, after point no.7 the following shall be added:-
TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR INCREASE OF ADMISSION CAPACITY IN MBBS COURSE/RENEWAL OF PERMISSION FOR INCREASE OF SEATS AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA S. Stage of processing Last Date No.
1. Receipt of applications by the Central Between 15th June to 7th Government July (both days inclusive) of any year
2. Forwarding application by the Central By 15th July Government to Medical Council of India.
3. Technical scrutiny, assessment and By 15th December Recommendations of Letter of Permission by the Medical Council of India
4. Receipt of reply/compliance from the Two months from receipt of applicant by the Central Government and recommendation from MCI 4 for personal hearing thereto, if any and but not beyond 31st January forwarding of compliance by the Central Government to the Medical Council of India.
5. Final recommendations for the Letter of By 30th April Permission by the Medical Council of India
6. Issue of Letter of Permission by the By 31st May Central Government Note 1. In case of renewal of permission, the applicants shall submit the application to the Medical Council of India by 15th July.
xxx xxx xxx In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government, hereby makes the following Regulations to further amend the 'Regulations on Graduate Medical Education, 1997', namely:-
1.(i) These Regulations may be called the 'Regulations on Graduate Medical Education, 2015.
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In the 'Regulations on Graduate Medical Education, 1997', Appendix E shall be replaced as under:-
TIME SCHEDULE FOR COMPLETION OF THE ADMISSION PROCESS FOR FIRST MBBS COURSE Sr. Schedule for Admission Seats to be filled up Seats to be No. by the Central filled up Government through the by the State All India Entrance Govt./ Examination Institution.
1. Conduct of Entrance Between 1st to 7th May Between 10th Examination to 17th May
2. Declaration of the Result By 1st June By 1st June of the Qualifying Exam/Entrance Exam.
3. 1st round of To be over by 25th June Between 6th counselling/admission July to 15th July
4. Last date for joining the By 5th July By 22nd July 5 allotted college and the course
5. 2nd round of Between 23rd July to 30th Between 10th counselling/admission for July to 22nd August vacancies
6. Last date of joining for By 9th August By 28th August the 2nd round of counselling/admission
7. Commencement of academic 1st of August 1st of August session/term
8. Last date up to which By 31st August students can be admitted/joined against vacancies arising due to any reason.
Note:
1. All India Quota Seats remaining vacant after last date for joining, i.e. 9th August will be deemed to be converted into state quota.
2. Institute/college/courses permitted after 31 st May will not be considered for admission/allotment of seats for current academic year.
3. In any circumstances, last date for admission/joining will not be extended after 31st August.
xxx xxx xxx In exercise of the powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government hereby makes the following Regulations to further amend 'The Opening of a New or Higher Course of Study or Training (including Post Graduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (including a Post Graduate Course of Study Or Training), Regulations 2000' namely:-
1(i) These regulations may be called 'The Opening of a New or Higher Course of Study or Training (including Post Graduate Course of Study or Training) and increase of Admission Capacity in any Course of Study or Training (including a Post Graduate Course of Study Or Training (Amendment) Regulations 2015'.6
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In 'The Opening of a New or Higher Course of Study or Training (including Postgraduate Course of Study or Training) and Increase of Admission Capacity in any Course of Study or Training (including a Post Graduate Course of Study Or Training), Regulations, 2000', the following additions/modifications deletions/substitutions shall be indicated therein:-
3. In the Schedule and Note in 'The Opening of a New or Higher Course of Study or Training (including Post Graduate Course of Study or Training) and increase of Admission Capacity in any course of Study or Training (including a Post Graduate Course of Study or Training), Regulations, 2000', after Appendix-II, the schedule included vide notification dated 11th January, 2010, be substituted by the following schedule:-
TIME SCHEDULE FOR RECEIPT OF THE APPLICATIONS OF POST GRADUATE (BROAD SPECIALITY) COURSES/INCREASE OF ADMISSION CAPACITY AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND MEDICAL COUNCIL OF INDIA.
S. Stage of processing Last Date No.
1. Receipt of applications by the Between 15th March to 7th April Central Government (both days inclusive of any year)
2. Forwarding application by the By 15th April Central Government to Medical Council of India
3. Technical scrutiny, assessment and By 30th September Recommendations of Letter of Permission by the Medical Council of India
4. Receipt of reply/compliance from Two months from receipt of the applicant by the Central recommendation from MCI but not Government and for personal hearing beyond 15th November thereto, if any and forwarding of compliance by the Central Government to the Medical Council of India.
5. Final recommendations for the By 31st January Letter of Permission by the Medical Council of India
6. Issue of Letter of Permission by By 28th February 7 the Central Government TIME SCHEDULE FOR RECEIPT OF APPLICATIONS FOR OPENING OF POSTGRADUATE (SUPER SPECIALITY) COURSES/INCREASE OF ADMISSION CAPACITY AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND MEDICAL COUNCIL OF INDIA S. Stage of processing Last Date No.
1. Receipt of applications by the Between 1ST August to 21st Central Government August (both days inclusive) of any year
2. Forwarding application by the By 31st August Central Government to Medical Council of India
3. Technical Scrutiny, assessment and By 31st December recommendations for Letter of Permission by the Medical Council of India
4. Receipt of reply/compliance from By 15th February the applicant by the central Government to the Medical Council of India
5. Final recommendations for the By 30th April Letter of Permission by the Medical Council of India
6. Issue of Letter of Permission by By 31st May the Central Government xxx xxx xxx In exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956 (102 of 1956), the Medical Council of India with the previous sanction of the Central Government hereby makes the following regulations to further amend the 'Postgraduate Medical Education Regulations, 2000', namely:-
1.(i) These regulations may be called the 'Postgraduate Medical Education (Amendment) Regulations, 2015'.
(ii) They shall come into force from the date of their publication in the Official Gazette.
2. In the 'Postgraduate Medical Education Regulations, 2000' further amended till 17/04/2013, the following additions / modifications / deletions / substitutions, shall 8 be as indicated therein.
3. In the appendix in 'Postgraduate Medical Education Regulations, 2000', included vide amendment notification dated 23 rd March, 2006, the time schedule for completion of admission process for postgraduate courses stands substituted by the following schedules:-
Time Schedule for completion of Admission Process for PG (Broad Speciality) Medical Courses for All India Quota and State Quota S. Schedule for admission Broad Speciality No. All India quota State quota
1. Conduct of Entrance Examination Month of December Month of January
2. Declaration of result of the By 15th of January By 15th of qualifying Exam/Entrance Exam February
3. 1st round of counselling/ Between 12th March Between 4th admission to 24th March April to 15th April
4. Last date for joining/reporting By 3rd April By 22nd April the allotted college and the course.
5. 2nd round of counselling/ Between 23rd April Between 11th May admission for Vacancies to 30th April to 20th May
6. Last date of joining for the 2nd By 10th May By 27th May round of counselling/admission.
7. Commencement of the academic 1st May 1st May session/term.
8. Last date up to which students - By 31st May can be admitted/joined against vacancies arising due to any reason Note:
1. All India Quota Seats remaining vacant after last date for joining, i.e. 10th May will be deemed to be converted into state quota.
2. Institute/college/courses permitted after 28 th February will not be considered for admission/allotment of seats for current academic year.
3. In any circumstances, last date for admission/joining will not be extended after 31st May.9
Time Schedule for completion of Admission Process for PG (Super speciality) Medical Courses) S. Schedule for admission Super Speciality No.
1. Conduct of Entrance Examination By 10th July
2. Declaration of result of the qualifying By 15th July Exam/Entrance Exam
3. 1st round of counselling admission By 31st July
4. Last date for joining the allotted Between 1st to 7th August college and the course
5. 2nd round of counselling/admission By 20th August
6. Last date of joining for the 2nd round By 27th August of counselling/admission
7. Commencement of academic session/term 1st August
8. Last date up to which students can be 31st August admitted/joined against vacancies arising due to any reason Note:
1. Institute/college/courses permitted after 31st May will not be considered for admission/ allotment of seats for current academic year.
2. In any circumstances, last date for admission/ joining will not be extended after 31st August.” This Court gives the stamp of approval to the aforesaid schedule.
Regard being had to the prayer in the writ petition, nothing remain to be adjudicated. The order passed today be sent to the Chief Secretaries of all the States so that they shall see to it that all the stakeholders follow the schedule in letter and spirit and not make any deviation whatsoever. Needless to say the AIIMS and the PGI (for the examination held in July) shall also follow 10 the schedule on letter and spirit.
An application has been filed by the National Board of Examination for extension of time in respect of declaration of result of the Post Graduation Medical Education Examination. It is submitted by Mr. Gaurav Sharma, learned counsel for the Medical Council of India that the result can be declared by 10 th February by the said Board but counselling must be held by the time stipulated in the schedule as the date of counselling is not changed and there was a natural calamity in the State of Tamil Nadu. Accordingly, we extend the time.
All the interlocutory applications and writ petitions are disposed of.
................,J.
(Dipak Misra) ................,J.
(N.V. Ramana) New Delhi;
January 18, 2016.
11
ITEM NO.6 COURT NO.4 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.NOS.7 & 8 in Writ Petition(s)(Civil) No(s). 76/2015
ASHISH RANJAN & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(for impleadment and modification/direction and office report) WITH W.P.(C) No. 314/2015 (With appln.(s) for stay and Office Report) W.P.(C) No. 328/2015 (With appln.(s) for directions and Office Report) Date : 18/01/2016 This application was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Prashant R. Dahat, Adv.
Mr. Puneet Yadav, Adv.
Mr. Akarsh Kamra, Adv.
Mr. Venkateswara Rao Anumolu, AOR Mr. Prashant R. Dahat, Adv.
Mr. Parthiban M.P., Adv.
Mr. Akarsh Kamra, Adv.
Mr. Puneet yadav, Adv.
Mr. T. R. B. Sivakumar, AOR For Respondent(s) Mr. Anip Sachthey, AOR AP Mr. Guntur Prabhakar, AOR Ms. Prerna Singh, Adv.
Gujarat Ms. Hemantika Wahi, AOR Ms. Vinakshi Kadan, Adv.
West Bengal Mr. Soumitra G. Chaudhuri, Adv.
Mr. Parijat Sinha, Adv.
12Chandigarh Mr. Sangram S. Saron, Adv.
Mr. Shree Pal Singh, AOR Mr. M. T. George, AOR Mrs. Kirti Renu Mishra, AOR Ms. Pinky Anand, Adv.
Mr. S.S. Rawat, Adv.
Mr. Ajay Sharma, Adv.
Ms. Rekha Pandey, Adv.
Mr. R.S. Nagar, Adv.
Mr. D.S. Mahra, Adv.
Ms. Sunita Sharma, AOR Mr. S. Udaya Kumar Sagar, AOR Mr. Krishna Kumar Singh, Adv.
Mr. V. N. Raghupathy, AOR Assam Ms. Apeksha Sharan, Adv.
For M/s Corporate Law Group, AOR Mr. Rajesh Srivastava, AOR Chhattisgarh Mr. C.D. Singh, Adv.
Mr. A.P. Mayee, AOR Mr. Udit Arora, Adv.
Mr. A. Selvin Raja, Adv.
U.P. Mr. Irshad Ahmad, AAG Mr. Som Raj Choudhary, Adv.
Mr. Abhisth Kumar, AOR Mr. Manu Yadav, Adv.
Odisha Mr. Pawan Upadhyay, Adv.
Mr. Sarvjit Pratap Singh, Adv. Ms. Sharmila Upadhyay, AOR Mr. Vikas Mehta, AOR Ms. Nidhi Gupta, Adv.
Dr. Monika Gusain, AOR Mr. R.K. Gupta, Adv.
Mr. M.K. Singh, Adv.
Mr. B.P. Gupta, Adv.
Mr. A.K. Singh, Adv.
Mr. Shekhar Kumar, AOR 13 H.P. Mr. Suryanarayana Singh, Sr. AAG Ms. Pragati Neekhra, AOR Mr. Sudarshan Rajan, AOR Ms. Shriya Chauhan, Adv.
Mr. Rajeev Khurana, Adv.
Mr. S.S. Shamshery, AAG Mr. Amit Sharma, Adv.
Mr. Yishu Prayash, Adv.
Ms. S. Spandana Reddy, Adv.
Mr. Milind Kumar, Adv.
Ms. Ruchi Kohli, Adv.
Jharkhand Mr. Ajit Kumar Sinha, Sr. Adv.
Mr. Tapesh Kumar Singh, AOR Mr. Mohd. Waquas, Adv.
Mr. Aditya N. Das, Adv.
Mr. Shashank Singh, Adv.
Goa Mr. Siddharth Bhatnagar, Adv.
Mr. Sidharth Mohan, Adv.
Ms. Garima Tiwari, Adv.
Mr. Nirnimesh Dube, AOR Maharashtra Mr. Sachin Patil, Adv.
Mr. Nishant Katneshwarkar, Adv.
Mr. B. Balaji, AOR Mr. Sudhanshu, Adv.
MCI Mr. Gaurav Sharma, AOR Mr. Prateek Bhatia, Adv.
Mr. Dhawal M., Adv.
Mr. Mukul Gupta, Sr. Adv.
Mr. Kaushik Poddar, AOR Mr. Rakesh Gosain, Adv.
Ms. Suvarna Kashyap, Adv.
Mr. Tushar Gupta, Adv.
Mr. Rudreshwar Singh, Adv.
Mr. Gopal Singh, AOR Ms. Vimla Singh, Adv.
Mr. S.N. Bhat, AOR Ms. Vaijayanthi Girish, Adv.
14Punjab Mr. Kuldip Singh, Adv.
Mr. M.S. Bakshi, Av.
Ms. Kirti Kumar, Adv.
Mr. S. Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv.
Ms. Swati Vellodi, Adv.
For M/s. Lawyer's Knit & Co.
UPON hearing the counsel the Court made the following O R D E R Applications for impleadment are allowed.
All the interlocutory applications and writ petitions are disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)