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
- 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
- Admission schedule and Note 3, Medical Council of India Postgraduate Medical Education Regulations, 2000The last date for admission or joining, 31 May, cannot be extended in any circumstances, and no authority has discretion to admit beyond it. (¶¶ 6, 7, 9, 20)
- Article 226, Constitution of IndiaInterim orders granting admission beyond the schedule and contrary to merit, later made absolute, were not legally sustainable. (¶¶ 12, 24)
Held
- The postgraduate medical admission schedule, approved by this Court in Mridul Dhar, Priya Gupta and Ashish Ranjan, must be strictly followed; the last date of 31 May cannot be extended and no authority may permit admissions beyond it. (¶¶ 7, 8, 9, 20)
- Vacancy of seats after counselling is not a ground for extending time or granting further opportunity to fill them. (¶¶ 21, 22, 23)
- Provisional admissions granted after the cut-off date to candidates who failed in counselling for lower merit, and their later regularisation, were contrary to the Regulations and to merit, the sole touchstone for admission; continuation despite this Court's stay could not be countenanced, and Ritwik was distinguishable. (¶¶ 24, 25, 26)
Result
Appeals allowed; the High Court's interim and final orders granting and regularising admissions quashed; no costs.