- (1.) The Petitioners herein were given admission by the Respondent No. 4 College viz. IQ City Medical College, Jamua, Durgapur, West Bengal (hereinafter referred to as 'the Medical College') in MBBS Course on 30th September, 2015. The Medical College is privately managed college and is having, as per the Rules, its own management quota as well. As far as unutilisation of this management quota is concerned, it has the discretion to admit the students of its own choice in the said course. That apart, for the State quota under the State Government, which is Government of West Bengal in this case, sends the nominations to the Medical College for admission. 30th September, 2015 was the last date for completion of the admission process in MBBS Course. As per the judgment of this Court in Mridul Dhar (Minor) and Anr. v. UOI and Ors., 2005 2 SCC 65 and Priya Gupta v. State of Chhatisgarh and Ors., 2012 7 SCC 433, this date is not extendable by either Medical Council of India or any State Government. Therefore, these judgments also hold that if the seats remain unfilled by that date, those would lapse. It so happened that the Medical College gave admission under its management quota, by 30th September, 2015. However, the State Government failed to send the names for admission of the students under the State quota to the Medical College. In order to ensure that these seats do not lapse and go unutilized, the Medical College gave admission to eight students which were in the management quota list. These included four Petitioners as well.
(2.) Few writ petitions were filed in this Court by certain Petitioners who were seeking admission to MBBS/BDS courses under All India Quota. The main plea in these petitions was that while making admission 15% All India Quota seats should not be reduced. In Writ Petition (c) No. 629/2015, which was the lead matter, order dated 15.09.2015 was passed directing that there would not be any admission by the State Governments from All India Quota. After notice, these writ petitions were disposed of vide order dated 28th September, 2015 with the following directions: "1. All India Quota shall remain 15%. 2. The admissions shall be strictly in accordance with merit as stipulated in para 15 of the Information Bulletin/Rules. 3. While making the admissions the directions contained in para 19 of Mridul Dhar (Minor) and Anr. v. Unio of India and Ors., 2005 2 SCC 65 shall be borne in mind."
(3.) Thereafter, I.A. Nos. 2 to 5/2015 were moved in the aforesaid writ Petition(c) No. 629/2015 seeking extension of time beyond 30th September, 2015 for filling up of the vacant/left over All India Quota seats on the ground that there was a stay order given by this Court on 15th September, 2015 which remained operative till 28th September, 2015 and thus, there was no sufficient time left for the States/Universities to complete the process. Going by the aforesaid consideration, the prayer made in the aforesaid interlocutory applications was allowed vide order dated 1st October, 2015 extending the time for filling up the vacant/left over All India Quota seats by 7th October, 2015.;