Supreme Court Dismisses Review Petitions in Medical Admission Case — Upholds Centralized Admission Process. The court found that admissions conducted through private counselling were illegal and could not be protected.

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Case Note & Summary

The Supreme Court addressed review petitions filed by students seeking to challenge the dismissal of their Special Leave Petition regarding admissions to the MBBS course at Glocal Medical College. The review petitioners, who were not parties to the original petitions, claimed eligibility based on their qualification in the NEET 2016 examination and subsequent admission through private counselling. The State of Uttar Pradesh had issued notifications mandating centralized counselling for admissions, which the college violated by conducting its own counselling. The Allahabad High Court had previously upheld the legality of the centralized process. The review petitioners argued that they were unaware of the discharge order from the Medical Council of India (MCI) that invalidated their admissions. However, the court found that the private counselling was illegal and that the students could not claim ignorance of the law. The court emphasized the importance of adhering to the centralized admission process to maintain fairness and transparency in medical education. Ultimately, the court dismissed the review petitions, stating that no sympathies could be extended to students who gained admission through illegal means, and upheld the MCI's discharge order. The decision reinforced the principle that admissions must be conducted in accordance with established legal frameworks to ensure merit-based selection.

Headnote

A) Administrative Law - Centralized Admission Process - Legality of Private Counselling - Medical Council of India Act, 1956, Section Not mentioned - The review petitioners were admitted through private counselling conducted by Glocal Medical College, which was contrary to the centralized admission process mandated by the State of Uttar Pradesh. The court held that such admissions were illegal and could not be protected despite the students' qualifications and sympathies (Paras 28-36).

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Issue of Consideration

Whether the review petitioners were entitled to relief despite their admissions being conducted through private counselling in violation of the centralized admission process.

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Final Decision

The Supreme Court dismissed the review petitions, stating that the admissions through private counselling were illegal and could not be protected. All pending applications were also disposed of.

Law Points

  • Review of Supreme Court orders
  • Centralized admission process
  • NEET eligibility
  • Private counselling legality
  • Discharge orders by MCI
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Case Details

2021 LawText (SC) (08) 119

Review Petition (Civil) Nos. 18351-18336 of 2020

2021-08-17

B.R. Gavai, L. Nageswara Rao, Krishna Murari

Shri Neeraj Kishan Kaul, Shri Dhawal Mohan, Shri Ankit Goel

ABDUL AHAD AND ORS.

UNION OF INDIA AND ORS.

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Nature of Litigation

Review of dismissal of Special Leave Petition regarding admissions to MBBS course.

Remedy Sought

Review petitioners sought to overturn the dismissal of their admission claims.

Filing Reason

Claimed eligibility based on NEET qualification and subsequent admission.

Previous Decisions

The Allahabad High Court upheld the centralized admission process, and the MCI discharged students admitted through private counselling.

Issues

Whether the review petitioners were entitled to relief despite their admissions being conducted through private counselling in violation of the centralized admission process.

Submissions/Arguments

Review petitioners argued they were qualified and admitted through counselling. Opposing counsel argued admissions were illegal and constituted backdoor entry.

Ratio Decidendi

The court emphasized that admissions must adhere to the centralized admission process to ensure fairness and transparency, and that illegal admissions cannot be protected.

Judgment Excerpts

The admissions which were conducted through the said private counselling cannot be termed as anything else but per se illegal. Though we have all the sympathies with the students, we will not be in a position to do anything to protect the admissions, which were done in a patently illegal manner. The Notification issued by the State of Uttar Pradesh on the basis of the law laid down by this Court clearly provided that the admissions were to be done only through the centralized admission process.

Procedural History

The review petitioners filed a review petition after the dismissal of their Special Leave Petition regarding admissions. The Supreme Court allowed the hearing of the review petitions and subsequently dismissed them.

Acts & Sections

  • Medical Council of India Act, 1956:
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