Case Note & Summary
The petitioners, Narendrasinh B. Desai and others, filed a writ petition before the Bombay High Court challenging an order dated 17 July 2018 issued by Respondent No.3, which changed the criteria for admission to medical seats allotted to the Union Territory of Dadra and Nagar Haveli. Certain seats from medical colleges of other states available in the Central Government Pool were made available to Respondent No.2 for allotment to candidates who are permanent residents or domiciled in the Union Territory. The petitioners contended that the rules providing criteria for admission were changed after the admission process for the academic year 2018-2019 had commenced, specifically after the NEET examination. The court, while issuing notice on 23 August 2018, observed that the respondents were seeking to change the criteria after students had offered themselves for the qualifying examination. By an ad-interim order, the court directed that the respondents shall not finalize the list of first year MBBS and BDS courses. This order was modified on 5 September 2018 to permit finalization of admissions for students holding permanent residence certificates of the Union Territory, while those without such certificates were not to be finalized. The petitioners alleged that certain candidates were admitted contrary to the interim orders, and leave to amend the petition was granted. The court, after hearing the parties, held that the change of criteria after the commencement of the admission process was arbitrary and violative of Article 14 of the Constitution. The court quashed the impugned order dated 17 July 2018 and directed the respondents to proceed with admissions in accordance with the rules that existed prior to the change. The court also directed that admissions already made in pursuance of the modified order shall be subject to the final outcome of the petition, but ultimately the petition was allowed and the impugned order was set aside.
Headnote
A) Constitutional Law - Article 14 - Arbitrariness - Mid-stream change of eligibility criteria - The respondents changed the rules providing criteria for admission to medical seats after the NEET examination and the admission process had commenced - Held that such a change is arbitrary and violative of Article 14 of the Constitution of India (Paras 1-15). B) Administrative Law - Legitimate Expectation - Change of rules after process commenced - Candidates who had applied based on existing rules had a legitimate expectation that the rules would not be altered to their detriment - Held that the respondents could not change the criteria after the process had begun (Paras 1-15).
Issue of Consideration
Whether the respondents could change the criteria for admission to medical seats allotted to the Union Territory of Dadra and Nagar Haveli after the admission process for the academic year 2018-2019 had commenced.
Final Decision
The petition is allowed. The impugned order dated 17 July 2018 is quashed and set aside. The respondents are directed to proceed with the admissions in accordance with the rules that existed prior to the change.
Law Points
- Mid-stream change of eligibility criteria after commencement of admission process is arbitrary
- violative of Article 14
- principles of non-arbitrariness
- legitimate expectation
- estoppel
