Case Note & Summary
The petitioner, Education Promotion Society for India, representing educational institutions including medical colleges running postgraduate medical courses, filed a writ petition seeking extension of time for counselling for PG medical courses on the ground that a large number of seats were lying vacant. The petitioners argued that there is an acute shortage of doctors in India and that the Union of India had permitted increase of seats in government medical colleges without increase of infrastructure, indicating an intention to produce more doctors. They relied on earlier orders where extensions were granted for graduate, PG, and super-speciality courses, particularly an order dated 11.10.2017 in M.A. No.1043/2017 where the DGHS was permitted to hold mop-up counselling for 553 unfilled super-speciality seats. The Union of India opposed the application, submitting that granting extension would set at naught the sanctity of earlier orders in Mridul Dhar, Priya Gupta, and Ashish Ranjan, which mandated strict adherence to the time schedule for medical admissions. The Supreme Court examined the schedule approved in Ashish Ranjan, which provided specific dates for declaration of results, rounds of counselling, and last date of joining. The Court noted that the orders relied upon by the petitioners were either state-specific, college-specific, or passed in peculiar facts and circumstances, and most expressly stated they shall not be treated as precedent. The order dated 11.10.2017 related to super-speciality seats and was limited to that academic year. The Court observed that the petitioners sought a general extension not due to any particular difficulty but because a large number of PG seats were vacant. The Union of India's affidavit indicated that in deemed universities, 603 seats were vacant, of which only 31 were in clinical subjects and 572 (95%) in non-clinical subjects. The Court took judicial notice that many graduate doctors do not opt for non-clinical PG courses. The Court held that merely because seats are lying vacant is not a ground to grant extension of time. The schedule must be followed; permitting violation would open a Pandora's box and defeat the purpose of fixing a time schedule. The mop-up round was to be completed by 31.5.2019, and if seats remained vacant after that, it could not be helped. The Court found no merit in the petition and dismissed it, disposing of pending applications.
Headnote
A) Medical Law - Admission Schedule - Strict Adherence - Time Schedule for PG Medical Courses - The Court held that the time schedule for admissions as approved in Mridul Dhar, Priya Gupta, and Ashish Ranjan must be strictly followed. Vacant seats, especially in non-clinical subjects, do not justify extension of the schedule. Granting extension would defeat the purpose of a fixed time schedule and open a Pandora's box. (Paras 4-7) B) Medical Law - Vacant Seats - Non-Clinical Subjects - The Court noted that out of 603 vacant seats in deemed universities, 572 (95%) were in non-clinical subjects. The Court took judicial notice that many graduate doctors do not opt for non-clinical PG courses. Mere vacancy is not a ground to extend the counselling schedule. (Para 6) C) Medical Law - Precedent - State/College Specific Orders - The Court distinguished earlier orders granting extension, noting they were either state-specific, college-specific, or passed in peculiar facts and circumstances, and most expressly stated they shall not be treated as precedent. The order in M.A. No.1043/2017 related to super-speciality seats and was limited to that academic year. (Para 5)
Issue of Consideration
Whether extension of time for counselling for PG medical courses should be granted on the ground that large number of seats are lying vacant.
Final Decision
The Supreme Court dismissed the writ petition, holding that vacant seats alone are not a ground to extend the counselling schedule. The time schedule must be strictly adhered to. Pending applications disposed of.
Law Points
- Time schedule for medical admissions must be strictly adhered to
- Vacant seats alone are not a ground for extension
- Precedents on schedule adherence in Mridul Dhar
- Priya Gupta
- Ashish Ranjan
