Document Fragment View

Matching Fragments

Member (2) The aforesaid committee shall immediately go into the complete selection process for admission of students in the 1st Year M.B.B.S. course in the Medical College of Respondents Nos. 2 and 3 in the categories of "free seats" and "paid seats" with reference to the applications that may have been received by the Society from various students and other applications that it shall invite or call for by publication through recognised modes including issuance of advertisement in at least one Lading newspaper having wide circulation, and based on the fair and objective criteria that it may adopt, with reference to the marks obtained by the students in the qualifying examination, or otherwise, draw-up a list of students that it thinks should be admitted in the college. For finalising the selection, it shall be desirable if the selection Committee also conducts oral interviews of the candidates, either generally or by shortlisting them on the basis of their inter se merit ; in the qualifying examination or as otherwise determined by the Selection Committee. The Selection Committee shall ensure that the selection of the students is based solely and strictly upon merit as would be determined by it and by no other considerations.

(5) The Chairman and the Members of the Selection Committee shall be paid Honora rium of Rs. 15,000/-and Rs. 10,000/- respec tively for accomplishing the aforesaid task by respondents Nos. 2 and 3.

(6) The entire selection process shall be completed by the aforesaid Selection Committee and Select-List of students submitted to the respondents Nos. 2 and 3 within four weeks from today. It shall be the responsibility of respondents Nos. 2 and 3 to intimate and inform the Chairman and Members of the Selection Committee about these directions immediately and without any loss of time for their immediate compliance and initiation of action, as directed."

"However, court's attention was drawn towards the communication sent by respondents Nos. 2 and 3 to the functionaries of the State Govt. wherein the establishment, opening and starting of the operations of the Medical College and the Hospital were communicated by respondents Nos. 2 and 3 to the State Govt. and the State Govt. was asked, in clear and categorical terms to initiate and complete the selection process, in terms of the scheme formulated by the Supreme Court in Unni Krishnan's case. The first communication on the subject was addressed on 8-4-1995 by the Society to the Commissioner/Secretary to Govt. (Health) J. & K. Jammu in which it was clearly mentioned that the Govt. Medical College, Jammu had already started classes and that any more delay in the decision to start admission process in the Medical College of respondents Nos. 2 and 3 would be detrimental to the interests of the students community. It was requested that the State Govt. may immediately take steps for the start of admission process. This letter was followed by a communication from the Trustee of the Society on Sept. 12, 1995 to Shri A. M. Moses, Advisor to State Govt. (looking after Health and Medical Education Department) with the request that the State Govt. should frame rules and issue guidelines for admission in the private colleges of the State so that the students are not made to suffer and that the admission process gets underway. The 3rd communication was sent on 5th October, 1995, once again by the Trustee of the Society to Shri A. M. Moses, Advisor in which his attention was invited to the earlier communication of 12-9-1995 and it was pointed out that the State Govt. had not even sent acknowledgment. The Govt. was requested to issue the guidelines so that the admission process gets started. The last communication on record was issued on 17-10-1995 by the Trustee of the Society to the Commissioner-Secretary to Government, Health and Medical Education wherein, the State Govt. was once again requested to take immediate necessary measures to enable the Society to start the admission in the college at once. It was pointed out that any delay in making admission would not only cause undue loss to the institution, but also a large number of students would loose their academic year. One important fact which cannot escape notice at this stage is that during the relevant and crucial period, the Competent Authority constituted by the State Government for conducting selection process for admission in the professional colleges of the State, including the Medical College run by the State Govt. started procedure for admission for the academic year 1995 by issuance of a notification about 3-4 months back whereby applications from eligible candidates were invited for appearance in the entrance examination to be conducted by the Competent Authority for admission to 1st Year MBBS course in the two Medical Colleges in Jammu and Srinagar run by the State Government. That selection process has since been completed by the issuance of a notification about a fortnight back whereby the admissions have been finalised and notified and, as has been reported by the parties, in fact the students have started taking admissions in the two Medical Colleges after their selection. What is of importance to note that during this entire selection process, right from the issuance of the notification by the Competent Authority inviting applications from deserving students, till its culmination, the State Govt. totally remained in different and unconcerned about the allocation of seats to the private Medical Colleges. This was despite the fact that the State Govt. all along knew that the respondent-Private College had started functioning and that the respondents were awaiting instructions and guidelines from the State Govt."