NEET MDS 2018 | Institutions & Students Were Hands In Glove: SC Sets Aside 'Illegal Admission' Granted To Students
The Supreme Court has set aside the decision of the Chhattisgarh High Court quashing the communication of the State of Chhattisgarh cancelling the admissions of the original writ petitioners in the Postgraduate Dental Course.
The bench of Justice MR Shah and Justice MM Sundresh observed that the original writ petitioners were granted admissions illegally and their admissions are backdoor.
"Without any intimation to the Directorate/State Government, the private institutions/colleges unilaterally granted admission to the original writ petitioners on 31.05.2018 after 4:30 p.m., which was not permissible at all. No admission could have been given after 4:30 p.m. on 31.05.2018. It is required to be noted that nothing is on record that any other students were given any opportunity to apply for admissions in the respective institutions/colleges for admission on the seats remained vacant. It is not appreciable how the original writ petitioners came to know that at 4:30 p.m. on 31.05.2018, the seats have remained vacant in the institutions/colleges.", the Court observed.
"The only inference can be that the institutions and the students were hands in glove and the students got admissions illegally." the Court added further.
The facts leading to the present appeals in a nutshell were that the National Board of Examination conducted NEET MDS 2018 for admission in various Postgraduate Course in Dental Sciences. The result of the NEET MDS 2018 was published and a merit list was prepared for the State of Chhattisgarh.
As per the procedure and the relevant rules and regulations, namely, Chhattisgarh Dental Medicine Postgraduate Admission Rules, 2017 and the provisions of the Dentists Act, 1948 and MDS Course Regulations, 2017, the particulars of the seats were required to be intimated to the State Government and Directorate of Medical Education, Raipur, Chhattisgarh and the admissions were to be given on merits on the basis of the counselling made by the State Government.
Without any intimation to the Directorate about the vacant seats remained vacant, three colleges unilaterally granted admission to the original writ petitioners.
Thereafter the above colleges intimated the Directorate on after the admissions were granted to the original writ petitioners, that they had filled the vacant seats.
Having come to know about the above illegality in giving admission to the original writ petitioners without any intimation and/or without disclosing the vacant seats to the State Government, the Directorate/State Government cancelled the admissions given to the original writ petitioners.
However the High Court set aside the communication cancelling the admissions given to the original writ petitioners. The Court directed that the respective writ petitioners will be allowed to complete their course.
Advocate Gaurav Sharma appeared for the Dental Council of India whereas Yatinder Singh, Senior Advocate appeared on behalf of the private institutions/colleges.
At the outset the Supreme Court observed that the respective original writ petitioners were granted admissions by the private institutions/colleges in the postgraduate course illegally. The Court noted that even if on the last date of admission, seats remained vacant was no ground by the institutions/colleges to grant admissions unilaterally and that too without intimating the vacant seats to the Directorate.
The Court further noted that once it is found that the respective original writ petitioners were granted admissions illegally and their admissions are backdoor, thereafter to allow them to continue their course shall be perpetuating the illegality.
Therefore the Court set aside the impugned common judgment passed by the High Court directing the admissions of the respective original writ petitioners and quashing and setting aside communication issued by the Directorate/State Government annulling/cancelling the admissions of the original writ petitioners.
The Court restored the communication cancelling the admission of the original writ petitioners in the postgraduate course in the respective private institutions/colleges.
Cause Title- Dental Council of India v. Sailendra Sharma and Others with Ors.