The Director General of Medical Education and Training shall give recommendations for admission to the college providing the course of MBBS. The process of admission of students shall only be followed after such recommendation has been made. This principle was upheld by the Supreme Court presided by J. L. NAGESWARA RAO & J. S. RAVINDRA BHAT in the case of Saraswati Educational Charitable Trust & Anr. vs. Union of India & Ors. [Writ Petition (C) No.291 of 2019].
In the present case, The College applied for grant of renewal of permission for admission of 150 students for the academic year 2017-2018. An inspection was conducted followed by a second surprise inspection by the assessing team and renewal was denied. Petitioner challenged it before this Court and by the judgment of 2017, Respondents were directed to permit the College to take part in the counselling process for the year 2017-2018. The Director General of Medical Education and Training- third Respondent informed asked them all the students to apply/register themselves for admission for MBBS course in the College and 735 students applied for admission to 150 students. The director forwarded a list of 150 students on merit but only 9 students completed their admission formalities. The college asked for the names of all students and without recommendation from the Director, they issued an urgent notice informing 735 candidates who opted for admission pursuant to the notice issued by third Respondent to avail the opportunity of admission in the College. The Medical Council of India directed the Principal of College to discharge the 132 students who were admitted in violation of the Medical Council of India Regulations on Graduate Medical Education, 1997. This Writ Petition was filed by 71 students, who had been admitted in first year MBBS course for the academic year 2017-2018 in Saraswati Medical College, to permit them to continue with their studies and to direct the Registrar, Uttar Pradesh Medical Council, the other Respondent to declare their results of the first year MBBS course.
The honorable court observed, “The admission of 132 students in the College for the academic year 2017-2018 being completely contrary to the Regulations, the Writ Petitions are liable to be dismissed. However, taking note of the fact that the students have completed the second year MBBS course, cancelling their admissions at this stage would not serve any useful purpose. The students who joined the College knowing fully well that their admissions are contrary to the Regulations are directed to do community service for a period of two years after completing their MBBS course. The National Medical Commission shall decide the details and workout the modalities of the community service to be rendered by the 132 students. The Respondent- University is directed to conduct the second year MBBS examination for 126 students admitted in the Petitioner-College and who completed their second year course at the earliest and declare their results. They shall be permitted to complete the MBBS course.”
The court further observed, “Being aware of the fact that admissions cannot be made from students not allotted by the third Respondent, the College admitted 132 students on its own. Thereafter, the College permitted the students to continue their studies in spite of the direction by the Medical Council of India to discharge the students not being stayed. Intentional violation of the Regulations by the Petitioner College while granting admission to 132 students in the first year MBBS course for the academic year 2017-2018 cannot be condoned. The Petitioner-College is directed to deposit an amount of Rupees Five Crores in the Registry of this Court within a period of 8 weeks from today. The Petitioners are directed not to recover the amount from the students in any manner whatsoever.”
