Case Note & Summary
Background: The appeals arose from a dispute over admission to the Second Professional MBBS course in Maharishi Dayanand University by migration from other universities. The appellants, Ms. Bhawana Narula, Manish Jain and Anjali Hooda, had been granted migration from colleges in Karnataka to Maharishi Dayanand University, Rohtak. Unsuccessful candidates who could not obtain migration filed writ petitions challenging the validity of the migration granted to the appellants. Facts: The appellants satisfied the requirements of the Medical Council of India and Maharishi Dayanand University. On 4 June 1994, they received communication that their applications for migration had been granted. They thereupon left their colleges in Karnataka and joined Maharishi Dayanand University in June 1994, where they pursued their studies. The University set up a Committee comprising Professor Ravi Parkash, Professor R.K. Tuteja, Dr. S.B. Siwach and the Assistant Registrar to examine the cases of students seeking migration to the MBBS course. The Committee's recommendations were accepted by the University without any change. The Registrar's affidavit stated that out of 20 eligible students seeking migration, 7 of the top 14 students in merit were granted migration, and that there was no allegation of bias against any member of the Committee. Legal Issues: The core issue was whether the High Court was justified in setting aside the migration granted to the appellants, essentially whether the selection process was vitiated by bias or arbitrariness. Arguments: The appellants contended that they had satisfied all requirements and were validly granted migration, and had already joined the University. The University, through its Registrar's affidavit, maintained that a duly constituted expert Committee had made merit-based selections without any bias, and that no personal animus was alleged against any Committee member. Court's Analysis: The Supreme Court noted the fundamental difference in the principle followed by the University for MBBS migration as compared to the BDS course. It observed that the Committee comprised academic and administrative experts, and its recommendations were accepted in toto. The Court found no averment of bias or personal animus against any member of the Committee. Given that the selection was merit-based, with 7 of the top 14 candidates out of 20 eligible students being granted migration, the Court held that it would not be fair to set aside the selection made by the Committee at that stage. Decision: The Supreme Court allowed the appeals, set aside the High Court judgment dated 23 February 1995, and directed that the candidates selected by the Committee set up by Maharishi Dayanand University for migration to the MBBS course would be entitled to pursue their studies in the MBBS course conducted by the University in accordance with its rules.
Headnote
A) Education Law - Admission and Migration - Selection by University Committee for MBBS Migration - No specific statute cited - University constituted a committee of professors to examine migration cases, whose recommendations were accepted without change; no bias or personal animus alleged against any member; out of 20 eligible students, 7 of top 14 in merit were granted migration - Held that since no bias or personal animus existed, it was not fair to set aside the selection made by the Committee, and candidates selected were entitled to pursue MBBS studies in accordance with University rules (No paragraph numbers available).
Issue of Consideration
Whether the High Court was justified in setting aside the migration granted to the appellants for admission to the Second Professional MBBS course in Maharishi Dayanand University; whether there was any bias or illegality in the University Committee's selection process.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court judgment dated 23 February 1995, and directed that candidates selected by the Committee set up by Maharishi Dayanand University for migration to the MBBS course are entitled to pursue their studies in the MBBS course conducted by the University in accordance with University rules.
Law Points
- Migration to MBBS course must be based on merit by a duly constituted committee
- if no bias or personal animus shown against committee members
- selection should not be set aside
- recommendations of University Committee accepted and students admitted are entitled to continue studies
