2009 (3) TMI 995 - HC - Indian Laws

Summary

Issues Involved:
1. Non-operation of the waiting list of RPMT-2008.
2. Admission to MBBS based on PC-PMT of BDS and 10+2.
3. Compliance with MCI Regulations, University Ordinance 272, and Supreme Court judgments.
4. Validity of admissions made by Geetanjali Medical College and Hospital.
5. Role and compliance of the University, State Government, and Medical Council of India (MCI).

Detailed Analysis:

Issue 1: Non-operation of the waiting list of RPMT-2008
The petitioners argued that they were on the merit list of RPMT-2008 but were not admitted due to a lack of seats. When seats became available on 16.09.2008, the list was not operated, and admissions were made from PC-PMT of BDS and 10+2, violating Regulation No. 5 of MCI Regulations, University Ordinance 272, and Supreme Court judgments. This action was deemed contrary to Article 14 of the Constitution of India.

Issue 2: Admission to MBBS based on PC-PMT of BDS and 10+2
The University and State Government stated that the RPMT-2008 notification included Geetanjali Medical College and Hospital, anticipating 150 seats. The admissions made by the institution from PC-PMT BDS and 10+2 were contrary to the established regulations and Supreme Court judgments. The institution was directed to admit students through RPMT-2008 counseling, but it did not comply.

Issue 3: Compliance with MCI Regulations, University Ordinance 272, and Supreme Court judgments
The MCI Regulations, 1997, and Ordinance 272 mandate a common entrance examination for admissions to ensure merit-based selection. The Supreme Court has consistently upheld the necessity of common entrance exams for medical courses to maintain uniform standards. The admissions made by Geetanjali Medical College and Hospital violated these regulations and were deemed illegal.

Issue 4: Validity of admissions made by Geetanjali Medical College and Hospital
The admissions made by the institution from PC-PMT BDS and 10+2 were declared illegal. The institution's actions were found to be arbitrary and violative of Article 14 of the Constitution. The court emphasized that merit determined by competitive examinations should not be sacrificed.

Issue 5: Role and compliance of the University, State Government, and Medical Council of India (MCI)
The University and State Government failed to ensure compliance with the established regulations and Supreme Court judgments. The MCI, aware of the RPMT process, did not direct the institution to admit students from RPMT-2008. The court directed the State to hold counseling from the RPMT-2008 waiting list and admit meritorious students.

Relief Granted:
1. The admissions made by Geetanjali Medical College and Hospital for the 2008 batch against 85% of 150 seats were declared illegal.
2. Interim orders reserving seats for petitioners were made absolute.
3. The State was directed to hold counseling from the RPMT-2008 waiting list and complete the process before RPMT-2009.
4. The State, in consultation with MCI and the University, was instructed to sort out difficulties and run regular courses for the 2008 MBBS batch.
5. No costs were imposed, but the State, University, and MCI were advised to take appropriate action.

Conclusion:
The court emphasized the necessity of adhering to MCI Regulations, University Ordinance 272, and Supreme Court judgments to ensure merit-based admissions in medical courses. The actions of Geetanjali Medical College and Hospital were found to be in violation of these regulations, resulting in the cancellation of the admissions made for the 2008 batch.