MR.JUSTICE N.ANAND VENKATESH W.P.No.11963 of 2020 Dr.M.Keethanjali Petitioner–9.The respondents 1 to 3 are directed to file a counter which shall specifically answer the following questions: a) Why no application was filed before the Hon’ble Supreme Court seeking for extension of time to conduct the mop up counselling for the Management Quota, before the deadline date? b) Why the candidates who got the seat during the regular counselling and who had the right to upgrade their discipline by virtue of the marks secured in NEET, were not permitted to participate in the selection process for those vacancies which were directed to be filled up by the Private Medical Colleges? and ; c) The list of candidates who were given admission in the Private Medical Colleges after such authorisation was given by the second respondent by letter dated 30.08.2020. It shall be in a tabular formate containing the following details.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:24.09.2020
CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

W.P.No.11963 of 2020

Dr.M.Keethanjali … Petitioner

Vs.

1.The Director of General Health Services
Ministry of Health and Family Welfare
Government of India, F-17, Karakardooma, New Delhi 110 032.

2.The Director,
Directorate of Medical Education,
162, EVR Periyar Salai, Kilpauk,
Chennai 600 010.

3.The Secretary
Selection Committee
Directorate of Medical Education,
162, EVR Periyar Salai, Kilpauk,
Chennai 600 010.

4.The Dean,
PSG Institute of Medical Science and Research,
Peelamedu, Coimbatore. … Respondents

(4th respondent suo motu impleaded as
party vide order dated 18.09.2020 by NAVJ)

Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondent authorities to fill up the Post Graduate Medical seats declared as vacant as per the seat matrix published by the 3rd respondent dated 17.08.2020 only by conducting Mop Up counseling for management seats 2020 and by considering the candidature of the petitioner on the basis merit NEET PG rank 1335.

For Petitioner : Mr.S.Thanka Sivan

For Respondents : Mr.E.Manoharan, for R1.
Special Government Pleader.

Mr.Akhil Akbar Ali, for R2.
Government Advocate.

Mr.Vijay Narayan, for R3 Advocate General assisted by Mr.Abdul Saleem.

Mr.R.Bharanidharan, for R4.

ORDER

N. ANAND VENKATESH, J.

The petitioner in this case appeared for the NEET Examination and secured 524 marks. She participated in the first round of counselling during May 2020 and she was allotted M.D (Microbiology) in the fourth respondent/College. She joined the College on 01.06.2020. The Provisional Allotment Order that was issued by the Selection Committee clearly shows that the petitioner was willing to upgrade for better choice in further counselling.

2. The seat matrix for mop up counselling for Management Quota was published on 17.08.2020. It is seen that there were nearly 100 seats available in various specialities. The mop up counselling for filling up the Government seats was started from 17.08.2020 and atleast three rounds of counselling were conducted.

3. The respondents 1 to 3 for some reasons, did not choose to conduct mop up counselling for the Management seats and one justification that was given during the previous hearing was that they did not have time. It is brought to the notice of this Court that the second respondent issued a communication to all the Self Financing Colleges on 30.08.2020, directing them to admit the candidates for the Post Graduate Courses from the list of candidates who have not been allotted any seat in Post Graduate Courses in Management quota seats. On receipt of this letter dated 30.08.2020, the Private Colleges filled up the entire seats that were vacant.

4. When this writ petition came up for hearing on 02.09.2020, it was informed to this Court that the respondent will not be in a position to carry out the process of mop up counselling. This Court suggested that the respondents can approach the Hon’ble Supreme Court and get necessary extension of time to conduct the mop up counselling. The application filed by the respondents before the Hon’ble Supreme Court, seeking for extension of time, was dismissed. The respondents never thought it fit to approach the Hon’ble Supreme Court to get extension of time till they were asked to do so by this Court and by then, the last date was over. Some of the State Governments who thought that they will not be able to complete the process within the deadline, had approached the Hon’ble Supreme Court and have got extension of time within the deadline. For some unexplainable reason, the respondents by themselves did not take steps to go before the Hon’ble Supreme Court and get extension of time before the deadline.

5.The result of the same is exhibited as a sample case in the present writ petition. The petitioner who had got 524 marks in the NEET examination and was entitled for upgradation, if a mop up counselling had been held, has now been denied a seat in M.D(Paediatrics). Whereas, this seat has now been allotted by the fourth respondent/College in favour of a candidate who had obtained 298 marks. This case gives an indication as to how the other seats numbering nearly 100 would have been allotted by the concerned Private Colleges in favour of the candidates who are less meritorious. The Hon’ble Supreme Court has time and again held that when it comes to Post Graduate and Super Speciality Courses, merit is the only criteria. Unfortunately, the merit has now taken a back seat due to the attitude of the respondents 1 to 3.

6.It is now informed to this Court that the fourth respondent has already allotted the seat in favour of one Jaya Banu who secured 298 marks . If this Court interferes with the allotment and if it is given to the petitioner, the course that is presently undergone by the petitioner viz., M.D (Microbiology) will fall vacant and will go waste. A scenario is now being created as if, it has already become a fait accompli and nothing much can be done by this Court at this point of time.

7.The Hon’ble Supreme Court in Krishna Sradha .v. The State of Andhra Pradesh, reported in [2020 4 LW P 554] has dealt with the question as to whether a medical admission can be given even beyond the cut off date under exceptional circumstances. The guidelines have been given by the Hon’ble Supreme Court at paragraph No.9 of the said judgment. One of the guideline that was given by the Hon’ble Supreme Court was that where a meritorious candidate has been denied admission illegally or irrationally by the authority for no fault of the candidate, grant of compensation has been prescribed as an additional remedy. Even though this judgment was passed in a case involving MBBS Course and it will not apply for the Postgraduate Course, this Court can always take a cue/inspiration from the said judgment, in cases where a meritorious candidate is denied a seat of his or her choice for no fault of the candidate. In this case, an impleading petition has also been filed by another candidate who had secured 365 marks, which is again more than the marks secured by Jaya Banu.

8.This Court expresses its anguish on the attitude shown by respondents 1 to 3 which has virtually resulted in handing over nearly 100 seats in a platter to the Private Colleges. This may perfectly suit the Private Colleges, but then, it is done at the cost of overlooking the merit. At some stage, this Court has to ensure that similar such instances do not occur in future. There must be a mechanism to ensure that the selection process takes place strictly in accordance with the MCI Regulations and the guidelines given by the Hon’ble Supreme Court. The respondents cannot be allowed to create a situation and thereafter, water-down the selection process which ultimately results in less meritorious students getting the seats and Private Colleges profiteering through the same.

9.The respondents 1 to 3 are directed to file a counter which shall specifically answer the following questions:
a) Why no application was filed before the Hon’ble Supreme Court seeking for extension of time to conduct the mop up counselling for the Management Quota, before the deadline date?

b) Why the candidates who got the seat during the regular counselling and who had the right to upgrade their discipline by virtue of the marks secured in NEET, were not permitted to participate in the selection process for those vacancies which were directed to be filled up by the Private Medical Colleges? and ;

c) The list of candidates who were given admission in the Private Medical Colleges after such authorisation was given by the second respondent by letter dated 30.08.2020. It shall be in a tabular formate containing the following details.

I. Serial No.
II. Name of the candidate
III. Marks secured in NEET
IV. NEET Rank
V. Name of the Institution
VI. Course that was allotted to the candidate

11. Post this case for passing further orders on 15.10.2020.

24.09.2020

GSK

Note: Upload order copy on 25.09.2020.

Internet: yes
/

To

1.The Director of General Health Services
Ministry of Health and Family Welfare
Government of India, F-17, Karakardooma, New Delhi 110 032.

2.The Director,
Directorate of Medical Education,
162, EVR Periyar Salai, Kilpauk,
Chennai 600 010.

3.The Secretary
Selection Committee
Directorate of Medical Education,
162, EVR Periyar Salai, Kilpauk,
Chennai 600 010.

4.The Dean,
PSG Institute of Medical Science and Research,
Peelamedu, Coimbatore.

N.ANAND VENKATESH, J.,

GSK

W.P.No.11963 of 2020

24.09.2020

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