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2004 DIGILAW 635 (GAU)

Shaheen Rahman v. State of Assam

2004-12-17

RANJAN GOGOI

body2004
JUDGMENT Rajan Gogoi, J. 1. Appropriate intervention of the Court to facilitate the admission of the Petitioner to the Post Graduate Course in Medicine in the discipline of obstetrics and Gynecology has been sought by means of the present writ application. The determination of the Petitioner's entitlement to the aforesaid relief would require a recital of the core facts, which are being noticed herein below. 2. Entrance examinations for admission to the various postgraduate courses in the Medical Colleges of the State for the years 2001, 2002, 2003 and 2004 were held between 9th and 12th of April 2004. As the entrance examinations for all the four years were being held almost simultaneously, the Petitioner appeared in the entrance examination for each year. However, for the purpose of the present case, it is the academic year 2004, alone, which would be relevant. The results of the entrance examinations in respect of the aforesaid particular year i.e. 2004 was declared on 13.5.2004 and the position of the Petitioner in order of merit was at serial No. 717. In the counselling that took place, the Petitioner was offered a seat in the subject of Community Medicine (S.P.M.) in the Gauhati Medical College though his first preference, in so far as the subject is concerned, was Obstetrics and Gynecology. The Petitioner joined the course in which he was offered admission i.e. Community Medicine and the classes commenced from 1st of June 2004. Thereafter, according to the Petitioner, two candidates selected for admission to the Post Graduate Course in Obstetrics and Gynecology in the Gauhati Medical College did not join and there was another vacant seat in the said subject in the Silchar Medical College. Accordingly, he submitted a representation for grant of admission against any one of the aforesaid seats, which received by the authority on 8.7.2004. According to the Petitioner, as no timely action was taken, he had approached this Court by filing a writ petition registered and numbered as W.P.(C) No. 5040 of 2004. This Court by order dated 20.7.2004 disposed of the writ petition filed by the Petitioner by directing the Respondent authority to consider the case of the Petitioner for admission in the P.G. Course in Obstetrics and Gynecology along with other candidates, if any. The aforesaid direction of the Court was required to be complied with within a period of one month. The aforesaid direction of the Court was required to be complied with within a period of one month. According to the Petitioner, thereafter, by an order dated 19.8.2004 passed by the Director of Medical Education, the Petitioner was informed that he would not be entitled to admission in the post graduate course in Obstetrics and Gynecology as there are many other candidates above the Petitioner in the merit list, who had offered choice of the aforesaid subject i.e. Obstetrics and Gynecology. Aggrieved, this second round of litigation has been initiated by the writ Petitioner. 3. The arguments advanced by Sri A.K. Goswami, learned Counsel appearing for the writ Petitioner, reduced to its core, is to the effect that in the affidavit filed on behalf of the official Respondents a seat in Obstetrics and Gynecology in Silchar Medical College has been admitted to vacant at the relevant point of time. From a report dated 12.7.2004 of the Professor and Head of the Department of Obstetrics and Gynecology, Gauhati Medical College to the Principal of the said College, it is clear and evident that two of the candidates selected for admission for the session 2004 in the said discipline did not join till 12.7.2004. The Petitioner had submitted his representation for being adjusted against one of the vacant seats prior to 12.7.2004 and therefore what the authority should have done is to offer the vacant seats to the candidates who had opted for the subject in question on the basis of their inter-se merit. This course of action, according to Sri Goswami, should have been adopted at least after the order dated 20.7.2004 was passed by this Court in W.P.(C) No. 5040 of 2004. In that event, the Petitioner stood a chance of being offered the course, in case the persons above him in merit declined to accept admission in the Obstetrics and Gynecology course. Instead of acting in the above manner, the authority by the impugned order dated 19.8.2004 had rejected the claim of the Petitioner merely on the ground that there were others who had opted for the subject and who were better placed in merit than the writ Petitioner. Instead of acting in the above manner, the authority by the impugned order dated 19.8.2004 had rejected the claim of the Petitioner merely on the ground that there were others who had opted for the subject and who were better placed in merit than the writ Petitioner. In these circumstances, Sri Goswami has submitted, the Petitioner's entitlement to be considered for admission to the M.D. Course in Obstetrics and Gynecology has not been correctly and fairly considered by the authority and appropriate directions are liable to be issued by the Court to correct the error committed. Sri Goswami has also submitted that the post graduate classes in different disciplines including Obstetrics and Gynecology having commenced from 1st of June 2004, it is not too late in the day for the Petitioner to be suitably accommodated in the said course. 4. Controverting the arguments advanced on behalf of the writ Petitioner, Sri P.K. Musahari, learned Senior Government advocate, Assam appearing for the official Respondents, has submitted that as the post graduate classes had commenced from 1st of June 2004 and 31st of May 2004 has been stipulated as the last date for admission to the postgraduate courses by the Medical Council of India, the admission of the Petitioner at this stage would be a mid-stream admission which has been prohibited by the Apex Court in the case of Medical Council of India v. Madhu Singh and Ors. reported in (2002) 7 SCC 258 . The admission of the Petitioner, even if he is assumed to be eligible, cannot also be granted in view of the guidelines framed/approved by the Medical Council of India laying down the time schedule for admissions to the post graduate courses. Referring to the Office Memorandum dated 10/13th October 2003 enclosed to the affidavit of the Respondents and 31st October/1st November 2003, which has been placed before the Court at the hearing, Sri Musahari has argued that even if this Court is to assume that the Petitioner is/was entitled to admission in Obstetrics and Gynecology on merit, the same cannot be granted to him at this stage when the academic session has reached an advanced stage. 5. The rival submissions advanced by the learned Counsels for the respective parties have received due consideration of the Court. 5. The rival submissions advanced by the learned Counsels for the respective parties have received due consideration of the Court. While the limited right of the Petitioner to any one of the vacant seats as highlighted in the arguments of Sri Goswami, learned Counsel for the Petitioner, must be acknowledged, the entitlement of the Petitioner to due enforcement thereof must necessarily be examined in the context of permissibility of the consequential admission of the Petitioner to the course which had commenced from 1st June 2004. The issue of mid-term/mid-season admissions in highly professional and demanding courses of study has engaged the attention of the Courts from time to time. Though in highly specialized courses like medicine/surgery, Engineering etc., a student must be expected to be associated with the course from its very inception and mid-season admissions have the potential of compromising with the quality of education and training received, often, Courts were confronted with situations where deserving candidates were being unjustly deprived of admission leaving the courts with no option but to hesitatingly approve mid-season admissions. Leaving aside the occasional forays to correct the imbalance that bad crept in, it is in Medical Council of India v. Madhu Singh and Ors. (supra) that the troubled subject of mid-stream admissions received a systematic and comprehensive combat which is best expressed by quoting para 23 of the judgment of the Apex Court. 23. There is, however, a necessity for specifically providing the time schedule for the course and fixing the period during which admissions can take place, making it clear that no admission can be granted after the scheduled date, which essentially should be the date for commencement of the course. 23. There is, however, a necessity for specifically providing the time schedule for the course and fixing the period during which admissions can take place, making it clear that no admission can be granted after the scheduled date, which essentially should be the date for commencement of the course. In conclusion : (i) There is no scope for admitting students midstream as that would be against the very spirit of statutes governing medical education; (ii) Even if seats are unfilled that cannot be a ground for making mid-session admissions; (iii) There cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year; (iv) MCI shall ensure that the examining bodies fix a time schedule specifying the duration of this course, the date of commencement of the course and the last date for admission; (v) Different modalities for admission can be worked out and necessary steps like holding of examination if prescribed, counseling and the like have to be completed within the specified time; (vi) No variation of the schedule so far as admissions are concerned shall be allowed; (vii) In case of any deviation by the institution concerned, action as prescribed shall be taken by MCI. 6. Pursuant to the directions issued by the Apex Court in the case of Madhu Singh as noted above, the Government of India in the Ministry of Health and Family Welfare, announced a time schedule for completion of the admission process for Medical and Dental Courses in all institutions of the country. The aforesaid time schedule worked out by the Government of India has been since accepted by the Medical Council of India and has been circulated to all concerned by the M.C.I, in its several office memorandums issued from time to time. The time schedule worked out by the Government of India as mentioned above comprehensively provided for the time within which entrance examinations to MBBS, postgraduate and super specially courses are required to be conducted; the dates on which the results of the entrance examinations are to be declared; the date/dates on which counseling is to be held; the last date for admission and the date of commencement of classes as well as the last date for admission against seats falling vacant after the admission process is complete. A striking features of the time schedule worked out by the Central Government is the last date for normal admissions on the basis of the merit as assessed in the entrance examination and another last date, after commencement of the session or classes, for filling up the unfilled/vacant seats. Stipulation of a date for admission of the unfilled seats after commencement of the academic session, itself, is an acknowledgement of the fact that, to a limited extent, even the Medical Council of India recognizes mid-stream admission to be possible without compromising the quality of education to be imparted and received. The above feature of the time schedule has been specially noticed by the Court as it has relevance in filling up the unfilled seats and in avoiding unnecessary heart-burning and unfulfilled aspirations as have been occasioned in the present case. 7. In so far as the postgraduate admissions is concerned, the time schedule worked out by the Government of India and enforced by the Medical Council of India has fixed 1st of May of a year as the last date for admission to all the postgraduate courses and 2nd of May as the date for commencement of the academic session. 31st of May has been stipulated as the last date for admission against unfilled seats. In the State of Assam in so far as the academic session 2004 is concerned, admittedly, classes commenced from 1st of June 2004 as against the date stipulated in the time schedule i.e. 2nd of May. Admissions on the basis of the result of the entrance examination though required to be completed on 1st of May was completed in the State on 1st of May. In fact, the entire time schedule fixed by the Government of India and approved by the Medical Council of India in so far as postgraduate courses is concerned has not been adhered to by the State Government and such non-adherence had commenced from the very starting point i.e. holding of entrance examinations, which examinations were held in the month of April as against the month of January/February fixed in the time schedule. 8. There is no dispute with regard to the dates as mentioned above inasmuch as the same had been furnished at the time of hearing by the learned Senior Government Advocate. 8. There is no dispute with regard to the dates as mentioned above inasmuch as the same had been furnished at the time of hearing by the learned Senior Government Advocate. Even if the Court is to overlook the insistence of the official Respondents on 31st of May 2004 as the last date for admission against the unfilled seats as the academic session it self had commenced w.e.f. 1st June and the benefit of the period between the 'normal admission' i.e. 1st of May and the last date of admission against the unfilled seats i.e. 31st of May as stipulated in the time schedule, is to be granted to the writ Petitioner, admission at this stage of the writ Petitioner to the postgraduate course in Obstetrics and Gynecology would amount to mid-stream admission which is contrary to the orders of the Supreme Court in the case of Madhu Singh (supra) and the time schedule fixed by the Medical Council of India. The session having commenced from 1st June, admission at this belated stage, regardless of the fact as to who is responsible for the same cannot be granted. The enforcement of liability of any person or authority for not taking timely action to fill up the unfilled seats cannot be in the form of a mid-stream admission which is, precisely, what has been prohibited by the Apex Court in the case of Madhu Singh. Such liability may be enforced through other forums and modes but by no stretch of reasoning the same can be made through a process of midstream admission. This Court, therefore, unhesitatingly holds that it would wholly impermissible in law to direct for the admission of the Petitioner to the M.D. Course in Obstetrics and Gynecology and the relief sought for must be denied. The writ petition, therefore, is to be dismissed. 9. There is a somewhat disquieting feature presented by the facts of the instant case, which this Court must address. In the Office Memorandum No. 23 (1)/2003-MED/ 22582 dated October 31,2003 relied on by the learned Senior Government Advocate, the Medical Council of India has referred to the requests of several States and Medical Colleges for extending the last date of admission against unfilled seats which requests have been turned down by it following certain orders of the Apex Court in this regard. Whether the aforesaid stand of the Medical Council of India had been taken in situations where the commencement of the course itself was delayed is a matter that is not very clear from the Office Memorandum. The said aspect of the matter has also not been adequately clarified by the learned Counsels for the parties. What would happen to the last date stipulated by the Medical Council of India for admission against the unfilled seats in the event the session itself commences belatedly and in a given case on a date after the expiry of such last date is a matter that this Court does not consider necessary to decide in the present case in as much as even on a hypothetical grant of an appropriate extension to the Petitioner, no relief is possible. However, the situation as visualised above can arise only if the time schedule fixed by the Medical Council of India for the various stages of the admission process is not adhered to by the authority responsible for making the admissions. The situation can, therefore, be avoided by requiring the State of Assam to ensure that in the admission process in the future years, the time schedule fixed by the Medical Council of India should be strictly adhered to without any exceptions. All unfilled seats must be identified immediately after the last date for "normal admission" is over and thereafter all formalities to complete the process of admission against the unfilled seats within the last date stipulated for such admissions must be rigorously complied with so that no seat is "wasted". Naturally, as the schedule fixed by the Medical Council of India provides very limited time for the process of admissions against the unfilled seats to be completed, the authorities responsible for admission must act in the matter with utmost promptness to ensure that no heart burning is caused or any unfulfilled aspirations subsists. 10. Let the Registry of this Court bring the above directions to the notice of the Commissioner and Secretary to the Government of Assam, Health and Family Welfare Department for due compliance. Petition dismissed.