VidhiSangh

Supreme Court of India · 17/10/2022

BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA versus DR. PRIYAMBADA SHARMA & OTHERS

[2022] 14 S.C.R. 997 · 2022 INSC 1103

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

MBBS doctors who had appeared in NEET-PG 2019 failed to get state quota postgraduate seats in West Bengal because of their low merit rank. After counselling closed on 31 May 2019, some 153 seats lay vacant. The Calcutta High Court, by interim orders made in June and July, directed the University to admit them provisionally, disregarding the cut-off date and merit, and later regularised those admissions because the students had completed six months of study. The Supreme Court allowed the Medical Council's appeals. The admission schedule under the Postgraduate Medical Education Regulations, 2000, framed on the basis of Mridul Dhar, must be followed strictly, and the last date of 31 May cannot be extended in any circumstances. Vacant seats are no ground for extension, and merit is the sole touchstone. Students who continued despite the Court's stay could claim no sympathy.

Issues

  1. Whether the High Court could direct provisional admission to postgraduate medical courses after the cut-off date of 31 May and regardless of merit, against vacant seats, and later regularise those admissions.

Provisions considered

Held

Result

Appeals allowed; the High Court's interim and final orders granting and regularising admissions quashed; no costs.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 997.