Supreme Court - Daily Orders
Medical Council Of India vs Dr. Madem Apoorva . on 8 September, 2016
Bench: Dipak Misra, C. Nagappan
ITEM NO.7 COURT NO.4 SECTION XIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 19633/2016
(Arising out of impugned final judgment and order dated 13/07/2016
in WA No. 405/2016 passed by the High Court of Judicature at
Hyderabad for the State of Telangana and the State of Andhra
Pradesh)
MEDICAL COUNCIL OF INDIA Petitioner(s)
VERSUS
DR. MADEM APOORVA AND ORS. Respondent(s)
WITH
SLP(C) No. 23707/2016
(With Interim Relief and Office Report)
SLP(C) No. 19549-19551/2016
(With Interim Relief and Office Report)
W.P.(C) No. 76/2015
(With appln.(s) for directions and impleadment and directions and
permission to file additional affidavit and intervention and
exemption from filing O.T. and permission to file additional
documents and permission to appear and argue in person and
directions and permission to file additional documents and
directions and impleadment and directions and Office Report)
Date : 08/09/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE C. NAGAPPAN
For Petitioner(s) Mr. Gaurav Sharma, AOR
Ms. Amandeep Kaur, Adv.
Mr. Prateek Bhatia, Adv.
Ms. Vriti Jindal, Adv.
Ms. Vara Gaur, Adv.
Signature Not Verified
Mr. V.V.S. Rao, Adv.
Ms. Vijayashree Patnaik, Adv.
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2016.09.15
11:58:02 IST
Reason: Mr. Sadineni Ravi Kumar, AOR
Mr. Venkateswara Rao Anumolu, AOR.
2
For Respondent(s) Mr. K.V. Simhadri, Adv.
Mr. Pankaj Bhagat, Adv.
Mr. Ajay Singh, Adv.
Dr. Sunil B., Adv.
Mr. Gopal Singh, AOR
Ms. Varsha Poddar, Adv.
Mr. Pawan Upadhyay, Adv.
Mr. Sarvjit Pratap singh, Adv.
Ms. Sharmila Upadhyay, Adv.
Mr. P. Venkat Reddy, Adv.
Mr. Parshant Tyati, Adv.
Mr. C.K. Sasi, AOR
Mr. Manu Krishnan, Adv.
Mr. Tapesh Kumar Singh, Adv.
Mr. Mohd. Waquash, Adv.
Mr. S.K. Pabbi, AAG
Mr. Shivendu Gaur, Adv.
Ms. Disha Singh, Adv.
Mr. Murari K. Thakur, Adv.
Mr. Kuldeep Singh, Adv.
Mr. Suryanarayana Singh, Sr.AAG
Ms. Pragati Neekhra, Adv.
Mr. Rajagopal A.R., Adv.
Mr. J.K. Gilda, Advocate General, Adv.
Mr. A.P. Mayee, Adv.
Mr. A. Selvin Raja, Adv.
Mr. B,. Balaji, AOR
Mr. Muthuvel Palani, Adv.
Mr. A. Arvind, Adv.
Mr. Guntur Prabhakar, Adv.
Ms. Prerna Singh, Adv.Untitled Folder 2
Mr. Sangram S. Saron, Adv.
Mr. Shree Pal Singh, Adv.
Mr. Vikrant Yadav, Adv.
Mr. Abhisth Kumar, Adv.
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Mr. Abhimanu Tiwari, Adv.
Mr. Hitesh Kumar, Sharma, dv.
Mr. Kalinder Mishra, Adv.
Mr. R.K. Gupta, Adv.
Mr. B.P. Gupta, Adv.
Mr. A.K. Singh, Adv.
Mr. Shekhar Kumar, Adv.
Mr. S. Udaya Kumar Sagar, Adv.
Mr. Baskula Athik, Adv.
Mr. V.G. Pragasam, Adv.
Mr. Prabu Ramasubramanian, Adv.
Mr. Shuvodeep Roy, Adv.
Ms. Diksha Raj, Adv.
Ms. Nidhi Gupta, AAG
Dr. Monika Gusain, Adv.
Mr. Soumitra G. Chaudhuri, Adv.
Mr. Parijat Sinha, AOR
Mr. S.S. Shamshery, AAG
Mr. Amit Sharma, Adv.
Mr. Prateek Yadav, Adv.
Mr. Ankit Raj, Adv.
Ms. Ruchi Kohli, AOR
UPON hearing the counsel the Court made the following
O R D E R
SLP (C) Nos.19549-19551 and 23707 of 2016 Heard Mr. V.V.S. Rao, learned senior counsel for the petitioners and Mr. Gaurav Sharma, learned counsel for the medical Council of India.
We find no merit in the special leave petitions.
The special leave petitions stand dismissed.
SLP (C) No.19633 of 2016The present special leave petition has been preferred against the judgment and order dated 13.07.2016 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of 4 Andhra Pradesh in a batch of writ petitions whereby the High Court has directed as follows :
“Today, we are confronted with a situation where about 86 seats in Government Medical Colleges have gone waste in the State of Andhra Pradesh and 32 seats have gone waste in the State of Telangana. All these seats are for post-graduate degrees or diplomas both on clinical and non-clinical sides. The last date on which the 5th counselling was held, was 30.05.2016. As per the Government orders, the private colleges were entitled to convert these merit quota seats into management quota seats. This could have happened only after 30.05.2016. Today, we are on 13.07.3016. Therefore, the breaking of the deadline, just for the purpose of ensuring that the vacant seats are filled up, will be in larger public interest. We make it clear that we are not merely taking note of the plight of the writ petitioners, but the very plight of the Government institutions, where the investment in the form of resources cannot be utilized to the full potential, if some of the seats go waste in post-graduate courses.
Though the learned counsel for the Medical Council of India submitted that any violation of the deadline, has always been taken adverse notice of by the Supreme Court, the Courts have not so far been confronted with a situation of this nature where so many seats go waste not due to the fault committed by anyone of the stakeholders. Therefore, the peculiar circumstances of the case warrant us to issue interim directions not necessarily in the interest of some individuals but also in the larger public interest and the interest of the Universities and the educational institutions themselves.
In view of the above, an interim direction is issued to the respondents to open up one last counselling to be conducted on 23.07.2016 for filling up of seats that are remaining vacant, either due to non-allotment or due to allotment not being taken by the allotted candidate or due to the allotted candidate taking the seat and not reporting or due to the allotted candidate joining and leaving by this time for better prospects or better course. There shall be one counselling conducted by Dr. NTR University of 5 Health Sciences for filling up these seats. An advertisement, in this regard, shall be published in the same manner as they have done in the part in Newspapers and also in the web sites of the Universities.” It is submitted by Mr. Gaurav Sharma that the High Court could not have passed the aforesaid order. It needs to be stated that this Court has determined a Schedule after hearing learned counsel for the Union of India and the Medical Council of India. Therefore, the High Court should not have issued the above directions. We are sure, in future, the same shall not be done.
Despite our saying so, we cannot be oblivious of the plight that the two States have faced and the in service and the direct applicants are facing in praesenti. Various grievances have been raised. We take note of the fact that 86 seats in the State of Andhra Praddesh and 32 seats in the State of Telengana are available in the Government colleges in both the States. Having regard to the facts and circumstances of the case, we direct that the the University(s) that conducted the last counselling shall conduct a counselling within two weeks hence after giving due publicity. A student who has already taken admission will not be eligible to participate in this counselling. Needless to say, the University shall follow the procedure as provided in the admission brochure/prospectus. We further say that the vacant seats are meant only for Government colleges and Universities. We repeat at the cost of repetition that we have passed this order in the special features of the case.
The special leave petition is accordingly disposed of.
I.A. No.25 in WP (C) No.76 of 2016 Heard Ms. Sharmila Upadhya, learned counsel for the applicants and Mr. Gaurav Sharma, learned counsel for the Medical Council of India.
6It is submitted by Ms. Upadhyay, learned counsel for the State of Odisha that two super specialty seats in Cardiology were released belatedly and there is need for Cardiology doctors in the State of Odisha. Learned counsel would submit that these seats were to be filled up by 31st August but it could not be done due to belated receipt of communication from the Central Government.
Mr. Gaurav Sharma, learned counsel for the Medical Council of India submits that present case is one where this Court may intervene and accord the permission to the State to go ahead with another counselling to fill up the extended benefit of admission of students in two super specialty seats in Cardiology.
In view of the aforesaid, the prayer stands allowed. Counseling be effected within a week hence and seats be filled up accordingly. Needless to say, this order is passed in special features of the case.
The I.A. stands disposed of.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master