2014 (9) TMI 1144 - SC - Indian Laws

Admission to the M.B.B.S. course in the NRI category quota - scope and interpretation of term NRI . Held that - The schedule relating to admissions to the professional colleges should be strictly and scrupulously adhered to and shall not be deviated under any circumstance either by the courts or the Board and midstream admission should not be permitted - When a candidate does not exercise or pursue his/her rights or legal remedies against his/her non-selection expeditiously and promptly, then the Courts cannot grant any relief to the candidate in the form of securing an admission. There was total lack of diligence displayed by the contesting Respondent right from the stage when the submission of the application was made. We have noted that the prospectus which was issued in April, 2013 and the offending clause in the prospectus was not challenged promptly while knowing full well that under the said clause the candidate was not eligible, but yet for reason best known to her, an application was filed and that to three days prior to the last date notified for submission of such application. There was no reason, much less justifiable reason, for not challenging the relevant clause before the filing of the application. There was no reason for the contesting Respondent to wait for any reply from the Chandigarh Administration. Such a recalcitrant attitude displayed by the contesting Respondent should not be encouraged at the cost of the rights of the other candidates for the year 2014-15 against whom the contesting Respondent had no axe to grind - Appeal allowed.

Issues Involved:
1. Validity of the clause in the prospectus defining NRI eligibility.
2. Timeliness and diligence of the contesting Respondent in challenging the eligibility criteria.
3. Appropriateness of the relief granted by the Division Bench in terms of admission to the M.B.B.S. course.
4. Impact of the Division Bench's direction on other candidates for the academic year 2014-15.
5. Principles of adhering to admission schedules and exceptional circumstances for deviation.

Detailed Analysis:

1. Validity of the Clause in the Prospectus Defining NRI Eligibility:
The contesting Respondent challenged a clause in the prospectus issued by the Chandigarh Administration and the Government Medical College, Chandigarh, which required NRI candidates to have an ancestral background of Chandigarh and own immovable property in Chandigarh for at least five years. The learned Single Judge declared this clause impracticable, illegal, and illogical, thus invalidating it. The Division Bench upheld this invalidation, noting that the clause was unreasonable and unjust.

2. Timeliness and Diligence of the Contesting Respondent in Challenging the Eligibility Criteria:
The contesting Respondent filed her application for admission under the first category of NRI quota knowing she did not meet the criteria. She waited until the last date for filing applications before challenging the clause in the High Court. The learned Single Judge and the Division Bench noted her lack of promptness in challenging the eligibility criteria. The Supreme Court emphasized that she should have challenged the clause immediately after the issuance of the prospectus in April 2013, rather than waiting until July 2013.

3. Appropriateness of the Relief Granted by the Division Bench in Terms of Admission to the M.B.B.S. Course:
The Division Bench directed the Chandigarh Administration to admit the contesting Respondent to the M.B.B.S. course for the academic year 2014-15, even if it required creating an additional seat. This direction was issued despite the Medical Council of India's refusal to create an additional seat. The Supreme Court found this direction unjustified, noting that it would prejudice other candidates of the academic year 2014-15 and set a bad precedent.

4. Impact of the Division Bench's Direction on Other Candidates for the Academic Year 2014-15:
The Supreme Court highlighted that the direction to admit the contesting Respondent without her participating in the admission process for 2014-15 would unfairly disadvantage other candidates who had validly applied for that academic year. The Appellant in SLP(C) No.18099 of 2014, who was ranked sixth in the NRI category, would be deprived of her rightful seat due to the Division Bench's direction.

5. Principles of Adhering to Admission Schedules and Exceptional Circumstances for Deviation:
The Supreme Court reiterated the principles that admission schedules should be strictly adhered to and deviations should only be made under exceptional circumstances where no fault is attributable to the candidate. The Court found that the contesting Respondent's case did not meet these criteria, as she had not displayed due diligence in challenging the eligibility criteria promptly.

Conclusion:
The Supreme Court set aside the Division Bench's orders, directing the Chandigarh Administration and the Government Medical College to restore the contesting Respondent's admission to the B.D.S. course for the academic year 2013-14, if she chooses to pursue it. The admission granted to her in the M.B.B.S. course for 2014-15 was canceled. The Court emphasized that the principles of adhering to admission schedules must be followed, and any deviation must be justified by exceptional circumstances. The contesting Respondent's lack of promptness and diligence in challenging the eligibility criteria disentitled her to the relief granted by the Division Bench.

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