Diffrent between supreme court and high court order of admission after 30 Sep in graduate medical education course

MCI not follow any order of davition and against of law as per article 141 of our consitution
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Supreme Court of India

Medical Council Of India vs Madhu Singh And Ors on 11 September, 2002

Author: A Pasayat

Bench: Ruma Pal, Arijit Pasayat.

CASE NO.:

Appeal (civil) 5166  of  2001





PETITIONER:

MEDICAL COUNCIL OF INDIA

Vs.

RESPONDENT:

MADHU SINGH AND ORS.

DATE OF JUDGMENT:
11/09/2002

BENCH:

RUMA PAL & ARIJIT PASAYAT.




As regards the desirability of commencement and completion of the course according to a fixed schedule, this Court's observations in Dr. Dinesh Kumar and Ors. v. Motilal Nehru Medical College, Allahabad and Ors. (1987 (4) SCC 122) are relevant. In para 6, it was observed that "in all medical colleges/institutions to which the scheme applies teaching for MBBS or BDS course should start on the first working day of September and even those institutions which are outside the scheme might as well commence their academic sessions from September so that throughout the country there would be uniformity in that regard." Similar directions were given for the post-graduate course. The directions were slightly modified in Dr. Dinesh Kumar and Ors. v. Motilal Nehru Medical College, Allahabad and Ors. (1987 (4) SCC 459) and the announcement for holding the examination in 1988 was directed to be made on 1st October, 1987.

It is to be noted that if any student is admitted after commencement of the course it would be against the intended objects of fixing a time schedule. In fact, as the factual positions go to show, the inevitable result is increase in the number of seats for the next session to accommodate the students who are admitted after commencement of the course for the relevant session. Though, it was pleaded by learned counsel for respondent No.1 that with the object of preventing loss of national exchequer such admissions should be permitted, we are of the view that same cannot be a ground to permit mid- stream admissions which would be against the spirit of governing statutes. His suggestion that extra classes can be taken is also not acceptable. The time schedule is fixed by taking into consideration the capacity of the student to study and the appropriate spacing of classes. The students also need rest and the continuous taking of classes with the object of fulfilling requisite number of days would be harmful to be students' physical and metal capacity to study.
In conclusion:

there is no scope for admitting students mid-tream as that would be against very spirit of statutes governing the medical education;

even if, seats are unfilled that cannot be a ground for making mid session admissions;

there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year;

the MCI shall ensure that the examining bodies fix a time schedule specifying the duration of this course, the date of commencement of the course and the last date for admission;

different modalities for admission can be worked out and necessary steps like holding of examination if prescribed, counseling and the like have to be completed within the specified time;

no variation of the schedule so far as admissions are concerned shall be allowed;

in case of any deviation by the concerned institution, action as prescribed shall be taken by the MCI.

The High Court was obviously in error in directing mid-session admission. The impugned order is, therefore, set aside. But as was earlier directed by this Court, the admission of respondent No.1 would not be affected by allowing the appeal.



W.P. No.8810/2015 (PIL), W.P. No.9892/2015, W.P.No.10859/2015, W.P. No.10860/2015 (PIL), W.P.No.11320/2015 (PIL), W.P. No.14365/2015, W.P. No.14367/2015
16.10.2015
17. A priori, in exercise of our powers to issue writ of continuing mandamus, we direct the Union of India, Medical Council of India, Dental Medical Council of India and the Universities concerned, to recognize the admission process for academic year 2015-16 – completed by the member Private Medical Colleges of APDMC until the Court extended date i.e. 14.10.2015; and to register the students so admitted and allow them to pursue their medical course in the respective Colleges treating them as having been admitted within the prescribed time, subject to the fulfillment of the undertaking given by APDMC, of conducting extra classes to make-up the deficit or loss of working days/hours.