Y.K.Sabharwal, J. - (1.) ABOUT two decades ago, on June 22, 1984 in Dr. Pradeep Jain and Ors. v. Union of India and Ors., it was directed that admissions in medical colleges or institutions run by the Union of India or State Government or Municipal or other local authorities for MBBS and BDS courses to the extent of at least 30% shall be granted on the basis of All India Entrance Examination and 50% in respect of post graduate courses. The percentage of seats to be allotted on All India basis was modified in Dr. Dinesh Kumar and Ors. (II) v. Motilal Nehru Medical College, Allahabad and Ors. and in Dr. Dinesh Kumar and Ors. (II) v. Motilal Nehru Medical College, Allahabad and Ors.. For MBBS/BDS courses, the All India Quota was directed to be 15% of the total number of seats and 25% of total number of seats for post-graduate courses. The percentage of post-graduate courses has been increased to 50% [Saurabh Chaudri and Ors. v. Union of India and Ors.]. The higher percentage would be operational from the academic year 2005 [Dr. Saurabh Chaudri and Qrs. v. Union of India and Ors.].
(2.) THE question whether the All India Quota of MBBS/BDS courses shall be increased from its present 15% is one aspect but the real and main aspect to be considered is about giving full effect to 15% quota by including all seats while working out 15% quota and by strictly adhering to the time schedule by the State colleges and institutions. The aforesaid aspects came to light when this petition was filed on 10th July, 2004 by two students through their father, as legal guardian, they being minors, apprehending that they may be deprived of seat in All India Quota despite having secured fairly high ranking on merits in All India Entrance Examination taken by about 2,00,000 students. It was, inter alia, brought to the notice of the Court that various States had not complied with the time schedule for completion of the admission process and had not given full information to DGHS besides not taking into consideration many seats while working out 15% All India Quota. On 29th July, 17 States/Union Territories through their Chief Secretaries and Secretaries of their Health Department were directed to supply to the Director General Health Services (DGHS), the requisite information as to the date of the tests conducted by the States, the dates of first counselling and the dates of joining of the candidates. This information was of paramount importance as the second counselling for the allotment of 15% All India Quota was to commence from 1st August. In absence of the requisite correct information, meritorious students looking for admission in this category on the basis of All India Entrance Examination could be seriously prejudiced. The importance of the time frame has been noticed in brief in the order dated 2nd August, 2004 which reads as under: "In Regulations Graduate Medical Education (Amendment) Regulations, 2004 published in the Gazette of India dated 1st March, 2004, a time schedule for the completion of the admission procedure for the First MBBS Course has been provided for (Appendix E). The said time schedule provides that the second round of counselling for allotment of seats from waiting list from All India Entrance Examination shall be filled by the Central Government by 8th August. It also provides that first round of counselling/admission of seats filled up by the State/Governments/Union Territories/institutions shall be over by 25th of July of each year. The time gap of two weeks between the first round of counselling/admission of seats by the State Governments/Union Territories and second round of counselling for allotment of seats from the All India quota seems to have been provided for so that such of the students who, in the first instance may have got admission out of the allocation by the Central Government, may change over to the seat allotted by the State Government/Union Territory so that seats becoming available would be known by the time the second counselling by the Central Government is over. It appears that the second round of counselling for allotment of Central Government seats have already commenced with effect from 30th July. It further appears that many of the State Governments/Union Territories have not even commenced the first counselling which was required to be over by 25th of July. We direct the State Governments/Union Territories to file affidavits giving details of the dates of counselling and the reasons for delay. We may note that ordinarily the 15% seats of the quota under All India Entrance Examination cannot be permitted to be made ineffective and many of the seats therefrom reverted back to the States/Union Territories. The affidavits shall also be filed by the Director General of Health Services, Ministry of Health, Government of India as also by the Medical Council of India. The petitioners are also given opportunity to file additional affidavits/The affidavits shall be filed within four days. We wish and hope that at least by the next date of hearing the first counselling by the State Governments/Union Territories would be completed." On 9th August, 2004, it was directed that in whichever State, the first counselling of the State quota seats in Government Medical Colleges is not complete, it shall positively be completed by 20th August and latest by 21st August, 2004, the seats of All India 15% that may become available as a result of such counselling, shall be intimated to the DGHS, further directing that all India 15% quota would not revert back to the State quota till further orders, despite the fact that the second counselling of the all India 15% quota may have been already over, its last date being 8th August, 2004. On 31st August, 2004, it was noticed that out of 93 medical colleges participating and contributing to 15% all India Medical quota, 15 colleges had not supplied the requisite information and likewise out of 25 dental colleges, five colleges had not supplied the said information. These colleges were directed to supply the requisite information on that very day by 9.00 pm to the DGHS The requisite information was supplied as noticed in the order dated 1st September, 2004. Out of 1550 MBBS seats, 122 seats had fallen vacant and out of 144 seats in dental colleges, 38 seats had fallen vacant. As a special case and without it being treated as a precedent, the court permitted a limited continuation of the second counselling so as to minimize the hardship to the students but not permitting the continued second counselling to everyone but limiting it in the manner stated in the order as under: "The continued second counselling would be confined to only those, as per merit, who have not already been admitted in MBBS Course in any of the Government Medical Colleges in the country. If a student has already been admitted there would be no question of such a student being permitted counselling again so as to change the medical college with a view to get admission in some other medical college. The students who, as a result of the counselling already held, have taken admission in Dental Colleges would, however, be permitted to participate in the counselling for getting a chance for admission in the MBBS on their merit position. Further, as a consequence, certain seats in Dental Colleges may fall vacant. They would be given as per merit in the ranking in the All India Quota. We make it clear that those admitted in MBBS would not be permitted to change the college. Those who have taken admission in Dental College would also not be permitted to change one Dental College to another Dental College. The information about continued counselling would be given to all concerned by publication in electronic and print media by DGHS. The continued counselling must be over by 8th September, 2004. The students must join by 13th September, 2004. It is necessary to adhere to this schedule so that the remaining unfilled seats can revert and be filled by the State and only bare minimum number of seats may lapse. The States shall also take timely action so that the seats to a great extent may not lapse and all the admissions and joining by students are over by 30th September, 2004. We make it clear that under no circumstances, we are inclined to extend the date beyond 30th September, 2004. The order shall not be treated as a precedent so as to open floodgates of litigation in other cases in the country. To consider the issue of further directions for the next academic year, list the matter on 5th October, 2004."
(3.) THE aforesaid direction did not undo injustice to all the students because we permitted only limited counselling but it was necessary to adopt that course in larger interests of students and medical education as by reopening the entire counselling, there wouJd have been considerable amount of delay in commencement of course in various colleges. THE admission process could have gone on till end of the year and that is why permission was granted for only limited counselling. Having regard to the utter chaos and confusion mainly on account of non-adherence of the time schedule, we permitted parties to file suggestions so that directions could be issued to streamline admissions from the next year. The suggestions have been filed by the Ministry of Health, Government of India, Medical Council of India and some individual parents. We have heard Mr. Mohan Parasaran, learned Additional Solicitor General, appearing for the Central Government, Mr. Vivek Tankha, Advocate who placed before us the point of view of students and medical colleges, Mr. Maninder Singh, Advocate representing Medical Council of India (MCI), Mr. A.K. Ganguly for West Bengal Government and Mr. Minocha-in-person.;