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2015 DIGILAW 1213 (RAJ)

MUKESH BABU GOYAL v. UNION OF INDIA

2015-07-02

BANWARI LAL SHARMA, SUNIL AMBWANI

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JUDGMENT : We have heard learned counsel appearing for the parties. 1. The Private Colleges PMT Examination, 2015 (PC-PMT, 2015), to be conducted in the State of Rajasthan for admission to the management seats in the Private Medical and Dental Colleges in Rajasthan, in pursuance to the directions issued by the Hon'ble Supreme Court in P.A. Inamdar & Ors. Vs. State of Maharashtra, (2005) 6 SCC 537 , followed by the directions issued by Supreme Court in Priya Gupta Vs. State of Chhattisgarh And Others, (2012) 7 SCC 433 (paragraphs 46.5 and 46.9), was advertised by the Maharshi Dayanand Saraswati University, Ajmer- the Coordinator of PC-PMT, 2015 Examination, on 24.05.2015, for admission to 566 seats, in MBBS/BDS Courses first batch, in five private Medical Colleges in Udaipur, Jaipur and Jodhpur. 2. The Federation of Private Medical & Dental Colleges of Rajasthan, requested the MDS University, Ajmer, to conduct the examination under the supervision of the State Government. 3. The State Government, by its orders dated 01.05.2015 and 07.05.2015, issued several guidelines to maintain fairness and transparency in the examination and to avoid any malpractice. These directions are exhaustive in nature. The entire examination was scheduled to be conduced under the supervision of two RAS Officers, who have to oversee the University conducting the examination with the help of three distinguished Professors. 4. The examinations were scheduled to be held, after making all possible security arrangements, on 10.06.2015. On the eve of the examinations, this writ petition was filed by Dr. Mukesh Babu Goyal-the petitioner, a private Medical Professional, running a private hospital at Pilanhi, District Jhunjhunu, alleging to be a vigilant citizen, with the following prayers:- (a) Writ, order or direction in nature of Mandamus or any other appropriate writ, order or direction respondent No. 6 to 10 be restrained from admitting the students through PC-PMT-2015 as being held by the Federation of Private Medical & Dental Colleges of Rajasthan or alternatively if it is allowed then it should be allowed under the control, supervision and check up of the officers of the State Government, Government of India and Medical Council of India/Dental Council of India and in independent Member preferably a retired High Court Judge. (b) Respondent No.4 (Federation of Private Medical & Dental Colleges of Rajasthan, Udaipur) and respondent No.5 (Coordinator, PCPMT-2015) be restrained form conducting the PC-PMT-2015 examination at their onw. (b) Respondent No.4 (Federation of Private Medical & Dental Colleges of Rajasthan, Udaipur) and respondent No.5 (Coordinator, PCPMT-2015) be restrained form conducting the PC-PMT-2015 examination at their onw. (c) Respondent private medical colleges be restrained from participating in All India PCPMT as notified by the Federation calling specifically further to the Coordinator of PCPMT-2015 and to refrain from conducting/organizing/coordinating PCPMT-2015 under the facts and circumstances, mentioned in the body of the PIL. (d) Or any other appropriate writ, order or direction may kindly be passed which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. (e) Cost of the present petition be also allowed in favour of the petitioner and against the respondents. 5. The entire basis of filing the writ petition was on apprehension that since the previous years PC-PMT examinations were challenged, and this Court had issued some directions for holding the examinations fairly and transparently, in accordance with the instructions issued by the Supreme Court, there was likelihood of unfairness in the present examinations also. 6. We are informed that the daughter of the petitioner is eligible and was going to appear in the entrance test when he filed the writ petition, and on which, the following interim order was passed by this Court on 08.06.2015:- “Heard the learned counsel for the petitioner. After considering the submissions made by the learned counsel for the petitioner and on careful perusal of the averments made in the writ petition as well as the additional affidavit filed by the petitioner along with documents and the irregularities which had been committed earlier by respondents and the procedure now being adopted by the Federation of Private Medical & Dental Colleges in conducting the PC-PMT Examination for the year 2015, we are of the considered opinion that the matter requires consideration. Admit. Issue notice to the respondents returnable within three weeks. Notice be given Dasti to the learned counsel for the petitioner. List this matter on 2.7.2015. Admit. Issue notice to the respondents returnable within three weeks. Notice be given Dasti to the learned counsel for the petitioner. List this matter on 2.7.2015. In view of the above and on having considered the gravity of the matter where the subject matter relates to the admission in MBBS/BDS Courses and the career of the candidates who are eligible and intend to seek admission in the medical college is involved, we deem it proper to order that respondent No.4, Federation of Private Medical & Dental Colleges of Rajasthan and respondent No.5, Coordinator, PC-PMT-2015 are restrained from conducting the PCV-PMT Examination, 2015.” 7. Counsels appearing for the MDS University, Federation of Private Medical & Dental Colleges of Rajasthan, State of Rajasthan, and the Medical Council of India, have strongly opposed the prayers of writ petition, and have prayed for vacating the interim order passed by this Court. They have stated that all necessary steps were taken, and that the Coordinator of the Examination was ensuring compliance of the detailed directions issued by the State Government, when the writ petition was filed, based only on apprehension of unfairness in the Examinations. The interim order passed by this Court has frustrated the time schedule, fixed by the Hon'ble Supreme Court, for conducting the Entrance Test in the month of May; declaration of result of qualifying exam/entrance exam by 5th June, and the seats to be filled up by the State government by 15th June, as provided in the schedule, in paragraph 29 of Priya Gupta's case (supra). The Supreme Court has also issued strict instructions and had warned of the consequences of violating the schedule. 8. In our view, the credentials of the petitioners and his concern did not authorize him to file the writ petition in public interest, as he was neither a candidate, nor has any concern with the examinations, to be conducted by the Coordinating University, under the supervision of the State Government. The mere fact that the daughter of the petitioner was appearing in the entrance examination, and that in the previous examinations allegations had been levelled, and writ petitions were filed on the fairness of the examinations, could not be a ground to file the present writ petition, and to obtain an interim order, purportedly in public interest. 9. The mere fact that the daughter of the petitioner was appearing in the entrance examination, and that in the previous examinations allegations had been levelled, and writ petitions were filed on the fairness of the examinations, could not be a ground to file the present writ petition, and to obtain an interim order, purportedly in public interest. 9. We have reasons to believe that the object of filing the writ petition was not bonafide, inasmuch as if the petitioner was really concerned with the fairness and transparency in the examinations, he should have enquired about the steps taken by the State Government and the Coordinating University, for ensuring fairness, and could have requested the Court for adopting strict measures to maintain transparency. Instead, he persuaded the Court in Vacations to pass an interim order, by which this Court has become party in causing breach of the time schedule given by the Supreme Court in paragraph 29 of Priya Gupta's case(supra). 10. After having gone through the directions issued by the Supreme Court, and in the manner in which the examinations were scheduled to be held, in which 4000 students are to participate for 566 seats, we have no doubt that the State Government, as a supervisory authority, and the University, as a Coordinator, will hold the examinations with utmost fairness, maintaining transparency. At present, there is nothing to demonstrate or even suggest, that the examinations will not be held fairly. 11. The allegations in the writ petition are only based on an apprehension of the petitioner, who has no concern with the examinations, and he do not fulfill the criteria of competence, provided in Rule 385-H of the Rajasthan High Court Rules, 1952, incorporated in the Rules after the judgment in State of Uttaranchal Vs. Balwant Singh Chaufal And Others, (2010) 3 SCC 402 . 12. Learned counsel appearing for the Medical Council of India states that the time schedule for holding the examinations, is a part of the MCI Regulations, and thus, this Court may issue direction that the participating Medical Colleges should not violate the dead lines, fixed by the Supreme Court, as incorporated in the MCI Guidelines, for admissions. 13. We have no doubt that the Coordinating University will take all possible steps, not to meet the dead lines given in the MCI Guidelines. 14. The writ petition is, accordingly, dismissed, with cost, quantified at Rs.5,00,000/- (Rs. 13. We have no doubt that the Coordinating University will take all possible steps, not to meet the dead lines given in the MCI Guidelines. 14. The writ petition is, accordingly, dismissed, with cost, quantified at Rs.5,00,000/- (Rs. Five lacs), to be deposited by the petitioner with the Registrar of the Maharshi Dayanand Saraswati University, Ajmer, within a period of one month. The costs are imposed to meet the expenses required to be taken afresh for examinations, when Universities and Colleges have reopened and to discourage the filing of such petitions in future, based only on apprehensions, causing harassment to thousands of candidates uncertainty and doubt over the integrity of University and State authorities in holding the exams. If the cost is not paid within the stipulated period, the Collector, Jhunjhunu will initiate proceedings for its recovery from the petitioner by way of arrears of land revenue.