- (1.) The present litigation exposits a sad sad scenario. It is sad because a chaos has crept in in the lives of some students and it is further sad as the State of Goa and its functionaries have allowed ingress of systemic anarchy throwing propriety to the winds possibly harbouring the attitude of utter indifference and nurturing an incurable propensity to pave the path of deviancy. The context is admission to Post Graduate courses in a single Government medical college at Goa. The insensitivity of the authorities administering medical college admissions was seriously decried by a three-Judge Bench in Convenor, MBBS/BDS Selection Board and others v. Chandan Mishra and others, 1995 Supp3 SCC 77 and further echoed in Medical Council of India v. Madhu Singh and others, 2002 7 SCC 258. The Court in Chandan Mishra had approvingly reproduced a sentence from the decision of the High Court that proclaimed in sheer anguish: "Shakespeare in Othello has written "Chaos is come again".
(2.) The saga of anguish continues with constant consistency. In Asha v. Pt. B.D. Sharma University of Health Sciences and others, 2012 7 SCC 389 a two-Judge Bench commenced the judgment thus: - "Admission to the medical courses (MBBS and BDS) has consistently been a subject of judicial scrutiny and review for more than three decades. While this Court has enunciated the law and put to rest the controversy arising in relation to one facet of the admission and selection process to the medical courses, because of the ingenuity of the authorities involved in this process, even more complex and sophisticated sets of questions have come up for consideration of the Court with the passage of time. One can hardly find any infirmities, inaccuracies or impracticalities in the prescribed scheme and notifications in regard to the process of selection and grant of admission. It is the arbitrary and colourable use of power and manipulation in implementation of the schedule as well as the apparently perverse handling of the process by the persons concerned or the authorities involved, in collusion with the students or otherwise, that have rendered the entire admission process faulty and questionable before the courts. It is the admissions granted arbitrarily, discriminately or in a manner repugnant to the regulations dealing with the subject that have invited judicial catechism. With the passage of time, the quantum of this litigation has increased manifold."
(3.) We have begun with such a prefatory note and referred to the aforesaid pronouncements as the facts, as have been uncurtained, would shock one's conscience. A deliberate labyrinth which not only assaults the majesty, sanctity and purity of law, but also simultaneously creates a complex situation requiring this Court to intervene in a different manner to redeem the situation as far as possible so that there is some sanguine cathartic effect.;