Case Note & Summary
The petitioners, two students who appeared for NEET-UG-2023, challenged a communication dated 18-10-2023 issued by respondent No.2 (Under-Graduate Medical Education Board) which restricted the institutional level round of admission to only those candidates who had applied earlier. The petitioners had not applied in earlier rounds but sought admission through the institutional level round pursuant to a notice dated 26-9-2023 issued by respondent No.4 (State Common Entrance Test Cell) for filling up vacant seats in private unaided medical colleges. The court examined the relevant provisions of the National Medical Commission Act, 2019 and the Graduate Medical Education Regulations, 2023, and found that the regulations do not impose any such restriction. The court held that the communication dated 18-10-2023 was ultra vires the Act and Regulations, as it added an additional condition not found in the statutory framework. The court allowed the petition, quashed the impugned communication, and directed respondent No.5 (NKP Salve Institute) to admit the petitioners to the MBBS course for the academic year 2023-24, subject to fulfillment of eligibility criteria and payment of fees. The court also directed the other respondents to process the admissions accordingly.
Headnote
A) Medical Education - Admission to MBBS - Institutional Level Round - The court considered the validity of a communication by the Under-Graduate Medical Education Board (UGMEB) restricting the institutional level round of admission to only those candidates who had applied earlier. The court held that such restriction is ultra vires the National Medical Commission Act, 2019 and the Graduate Medical Education Regulations, 2023, as it imposes an additional condition not found in the regulations. (Paras 6-10) B) Medical Education - Admission to MBBS - Ultra Vires - The court held that the UGMEB cannot impose restrictions beyond what is provided in the statutory regulations. The notice dated 26-9-2023 issued by the State Common Entrance Test Cell for filling up vacant seats at college/institutional level was valid and not in violation of any earlier communication. (Paras 6-10) C) Medical Education - Admission to MBBS - Remedy - The court directed respondent No.5 (NKP Salve Institute) to admit the petitioners to the MBBS course for the academic year 2023-24, subject to fulfillment of eligibility criteria and payment of fees, and directed the respondents to process their admissions accordingly. (Paras 11-12)
Issue of Consideration
Whether the communication dated 18-10-2023 issued by respondent No.2 (UGMEB) restricting the institutional level round of admission to only those candidates who had applied earlier is valid and binding, and whether the notice dated 26-9-2023 issued by respondent No.4 for filling up vacant seats at college/institutional level is in violation of the letter dated 24-7-2023 issued by PGMEB.
Final Decision
The court allowed the petition, quashed the communication dated 18-10-2023, and directed respondent No.5 to admit the petitioners to the MBBS course for the academic year 2023-24, subject to fulfillment of eligibility criteria and payment of fees. The other respondents were directed to process the admissions accordingly.
Law Points
- Interpretation of statutory regulations
- ultra vires
- institutional level admission
- NEET-UG
- NMC Act 2019
- Graduate Medical Education Regulations 2023
- Admission to MBBS courses
- Private Unaided Medical Colleges
