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1994 (1) TMI 310 - SC - Indian Laws

Issues:
Admission to M.B.B.S. course under 15% All Indian Quota of 1992; Transfer of admission from Alleppey to Lucknow; Compliance with Court directions for admissions; High Court intervention in admission process; Allegations of improper seat allocation in medical colleges; Discrepancies in candidate lists for admission consideration; Allegations of false statements in affidavits; Contempt of Court for disobedience of directions.

Analysis:
The petitioner sought admission to the M.B.B.S. course under the 15% All Indian Quota of 1992 and requested a transfer from Medical College, Alleppey, Kerala, to Lucknow. The Supreme Court issued comprehensive directions for admissions, including a notification by the Director General of Health Services for candidates to express their willingness for admission under the Court's scheme. The Court directed consideration of pending applications for college changes, and specified consequences for candidates not reporting to their allotted colleges by a certain date.

Despite the ongoing proceedings in the Supreme Court, the petitioner approached the High Court in Lucknow, seeking directions for a vacant seat at King George Medical College, Lucknow. The Supreme Court disapproved of the High Court's intervention and granted a stay on its order. The petitioner was eventually allocated a seat in S.N. Medical College, Jodhpur, but requested accommodation in Lucknow, citing instances of lower-ranked candidates being allocated seats in preferred locations.

Allegations arose regarding discrepancies in candidate lists for admission consideration, with conflicting statements in counter-affidavits and replies. The Assistant Director General (Medical Examinations) and the petitioner exchanged differing accounts regarding the inclusion of candidates who applied before or after a specified date for college changes. The Court noted discrepancies in the admission process, including instances where candidates were allocated seats contrary to their merit ranks.

The Court expressed dissatisfaction with the disobedience of its directions, particularly regarding the surrender of unfilled seats to State quota and the inclusion of candidates in admission lists. Notices were issued to the Director General of Health Services and the Assistant Director General (Medical Education) to show cause for potential contempt of court under the Contempt of Courts Act, 1971. The Court emphasized the importance of adherence to its directives and the integrity of the admission process in medical colleges.

 

 

 

 

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