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Jharkhand High Court · body

2018 DIGILAW 827 (JHR)

Samiksha Singhai v. Central Institute of Psychiatry, through its Director

2018-04-11

RAJESH SHANKAR

body2018
ORDER : 1. The present writ petition has been filed for quashing the order dated 19.09.2017 (Annexure-6 to the writ petition) whereby the petitioner’s representation filed pursuant to the order dated 24.08.2017 passed by this Court in W.P. (C) No. 4105 of 2017 has been rejected. 2. The factual background of the case, as stated in the writ petition, is that the petitioner after completion of her MBBS course, participated in NEET-2017 in order to get admission in Post Graduate course. She qualified for On-Line Choice Filling Process- Eligible for UR Seats for All India Quota Seat/Counseling. Vide admission letter dated 27.03.2017, issued after Round-1 of the counseling procedure, the petitioner was allotted the course of Diploma in Psychological Medicine at the Central Institute of Psychiatry (CIP), Ranchi under UR category. She joined the CIP as Junior Resident in the course of Diploma in Psychological Medicine on 09.05.2017. She appeared in the mop-up round held on 26.5.2017 and was placed second in the waiting list. She requested the Director of the respondent-Institute for allotting the said vacant seat in her favour. She wrote a letter dated 20.06.2017 to the Director, CIP, Ranchi informing that the seats in the course of Doctor of Medicine Psychiatry are lying vacant and unclaimed under SC/ST quota. Again on 05.07.2017, the petitioner wrote a letter to the Director, CIP, Ranchi informing that a seat under UR (Unreserved) category in the course of Doctor of Medicine, Psychiatry has become vacant due to resignation of an UR candidate from the said seat and also requesting that her case may be considered and the said seat may be allotted in her favour. However, her representation to that regard was kept pending and thus she preferred a writ petition being W.P. (C) No. 4105 of 2017 before this Court with a prayer to grant admission to her in the course of Doctor of Medicine, Psychiatry as 4 seats in the said course are lying vacant. The said writ petition was disposed of on 24.08.2017 directing the respondent to follow the procedure as laid down by the Hon’ble Apex Court in the cases of Priya Gupta Vs. State of Chhattisgarh, (2012) 7 SCC 433 and Anna George Vs. Medical Council of India, (2014) 10 SCC 767 and take necessary action to fill up the vacancies as per the merit by 30.09.2017. State of Chhattisgarh, (2012) 7 SCC 433 and Anna George Vs. Medical Council of India, (2014) 10 SCC 767 and take necessary action to fill up the vacancies as per the merit by 30.09.2017. Pursuant to the order dated 24.08.2017, the petitioner made representation before the respondent-Institute and when the said order was not complied with, she preferred a contempt petition being Cont. Case (C) No. 726 of 2017 which is still pending before this Court. In the meantime, the respondent-Institute vide order dated 19.09.2017, rejected the representation of the petitioner stating that in view of the guidelines laid down by the Hon’ble Apex Court in the case of Ashish Ranjan & Others Vs. Union of India & Others, (2016) 11 SCC 225 [W.P. (C) No. 76 of 2015], the time frame for admission to the medical courses is 31st May of the relevant year and thereafter no admission can be accepted. 3. The learned counsel for the petitioner submits that the Hon’ble Supreme Court vide order dated 04.09.2017 passed in W.P. (C) No. 743 of 2017, had extended the time for filling up the vacant seats in super-specialty course till 14.09.2017 and thus in the case of the petitioner also, the time should be extended at least till 14.09.2017. The respondent- Institute is under obligation to publicize the vacancy of all the courses in the Institute so that the seats should not remain vacant, but no such notice has been published. The petitioner was placed second in the waiting list and the person who was placed first in the waiting list, has already joined another institute and as such the respondent could have granted admission to the petitioner. However, the respondent did not comply the order of the Hon’ble Supreme Court and now the time frame has expired and the petitioner has been made to suffer. There is serious shortage of qualified professionals in the field of psychiatry in our country, yet the seat in MD (Psychiatry) is lying vacant despite availability of the deserving candidates like the petitioner. 4. Mr. Rajiv Sinha, learned ASGI appearing on behalf of the respondent, submits that the CIP, Ranchi has 9 MD (Psychiatry) and 18 Diploma in Psychological Medicine seats for the academic year starting from May, 2017. The petitioner joined CIP, Ranchi on 27.03.2017 to pursue Diploma in Psychological Medicine (DPM) course for the session 2017. 4. Mr. Rajiv Sinha, learned ASGI appearing on behalf of the respondent, submits that the CIP, Ranchi has 9 MD (Psychiatry) and 18 Diploma in Psychological Medicine seats for the academic year starting from May, 2017. The petitioner joined CIP, Ranchi on 27.03.2017 to pursue Diploma in Psychological Medicine (DPM) course for the session 2017. As per the allotment of the All India PG, NEET Counseling Committee through Central Counseling, 7 seats of MD (Psychiatry) (UR-04, SC-01, ST-01, OBC-1) and 16 DPM Seats (UR-7, SC-03, ST-01, OBC-05) were filled up. 02 MD (Psychiatry) seats (both for OBC candidates) and 02 DPM seats (both for UR candidates) remained vacant and no candidate was to be counseled through All India Counseling. The CIP, Ranchi published advertisement on 18.05.2017 in various leading newspapers to conduct Mop-up counseling for vacant seats. The newspaper advertisement was also subject to all the vacancies which may arise before the counseling. On the day of Mop-up counseling on 26.05.2017, the vacancy position of the seats was 03 MD Psychiatry (OBC-02, UR-01) and 07 DPM seats (UR-06 and OBC-01). The petitioner also participated in Mop-up for UR seats and she was placed in the waiting list 02. Till 31.05.2017, all 9 MD seats and 16 DPM seats out of 18 were filled up. However, subsequently, one SC, one ST, one OBC and one General seat of MD (Psychiatry) fell vacant due to resignation of the candidates. The petitioner requested the Director, CIP, Ranchi for accommodating her against the vacant seats. However, her representation was rejected on the ground that she could not be admitted on the seats reserved for SC and ST candidates. So far UR (MD) seats which had fallen vacant on 30.06.2017, could not have been filled up in view of the judgment of the Hon’ble Supreme Court in Writ Petition (Civil) No. 76 of 2015 wherein it has been very specifically held that the last date up to which the students can be admitted/joined against the vacancy arising due to any reason is 31st May. The respondent is bound by the guidelines issued by the Hon’ble Supreme Court. The respondent is bound by the guidelines issued by the Hon’ble Supreme Court. The order dated 22.09.2017 passed by the Hon’ble Supreme Court in M.A No. 1037 in W.P. (C) No. 76 of 2015 and the order dated 04.09.2017 passed in W.P. (C) No. 743 of 2017 are regarding extension of time for admission process for PG (Super Specialty) Medical Courses whereas the present writ petition relates to admission process of PG (Board Specialty) Medical courses where the last date up to which the students can be admitted against the vacancies arising due to any reason has fixed as 31st May. 5. Heard the learned counsel for the parties and perused the relevant materials available on record. The petitioner is claiming her admission for MD (Psychiatry) on the seats which fell vacant due to leaving of the course by some candidates. The petitioner has claimed that while passing the impugned order dated 19.09.2017, the respondent has not complied the order of this Court passed in W.P. (C) No. 4105 of 2017. On the other hand, the respondent has contended that the impugned order has been passed without taking into consideration the guidelines issued by the Hon’ble Supreme Court in the case of Ashish Ranjan & Others Vs. Union of India & Others [W.P. (C) No. 76 of 2015] wherein it has been specifically held that the last date up to which the students can be admitted against the vacancies arising due to any reason is 31st May. 6. I have perused the order dated 18.01.2016 rendered by the Hon’ble Supreme Court in W.P. (C) No. 76 of 2015 with analogous cases wherein schedule for admission in the Board Specialty and Super Specialty has been approved. For the Board Specialty course, the last date up to which the students can be admitted/joined against the vacancies arising due to any reason is fixed as 31st May. In the Note-3 it has been specifically provided that in any circumstances, last date for admission/joining will not be extended after 31st May. The said order was directed to be circulated to the Chief Secretaries of all the States so as to make them aware of the schedule and all the stake holders should follow the same in letter and spirit and not make any deviation whatsoever. The said order was directed to be circulated to the Chief Secretaries of all the States so as to make them aware of the schedule and all the stake holders should follow the same in letter and spirit and not make any deviation whatsoever. The AIIMS and the PGI were also directed to follow the schedule in letter and spirit for the examination to be held in July. 7. In the present case, admittedly till 31.05.2017, the seat of Doctor of Medicine (Psychiatry) in CIP, Ranchi was not vacant and only after 31st May, the seats fell vacant as some students left the course and thus in view of the order of the Hon’ble Supreme Court rendered in W.P. (C) No. 76 of 2015 with analogous cases, the last date for admission was not permissible to be extended. Thus, I do not find any infirmity in the impugned order passed by the respondent-authority. 8. So far as the order of a Bench of this Court passed in W.P. (C) No. 4105 of 2017 is concerned, on perusal of the same, it would be evident that at the time of hearing of the said case, the order of the Hon’ble Supreme Court rendered in W.P. (C) No. 76 of 2015 with analogous cases was not placed and as such the order dated 24.08.2017 was passed having gone through the judgment of the Hon’ble Supreme Court in the case of Priya Gupta (Supra) wherein it has been held that if any seat remains vacant or is surrendered from All-India quota, it should be allotted and admission should be granted strictly as per the merit positively by 15th September of the relevant year and not by holding an extended counseling. Since the Hon’ble Supreme Court in W.P. (C) No. 76 of 2015 with analogous cases had accorded approval to the notification issued by the Medical Council of India and further directed all the stakeholders to comply the said schedule in its letter and spirit, the respondent was bound to follow the said schedule. Thus, I find no infirmity in the impugned order dated 19.09.2017 whereby the representation of the petitioner was rejected. 9. Thus, I find no infirmity in the impugned order dated 19.09.2017 whereby the representation of the petitioner was rejected. 9. The learned counsel for the petitioner has further argued that the Hon’ble Supreme Court in W.P. (C) No. 743 of 2017 had extended the time limit up-to 14.09.2017 for admission in the Super-Specialty courses and as such the case of the petitioner may also be considered. However, while distinguishing the facts of the present case, the learned counsel for the respondent has submitted that the petitioner is seeking admission for “Board Specialty Course” whereas in the said case, the Hon’ble Supreme Court had extended the time limit for admission in “Super Specialty Course.” On perusal of the order passed by the Hon’ble Supreme Court in W.P. (C) No. 743 of 2017, it appears that the time was extended having regard to the different fact situation. Thus, the said order would not help the petitioner’s contention. 10. In view of the discussions made herein above, the present writ petition being devoid of merit is accordingly dismissed.