This letter reads as under In companypliance of your letter No.
It is their stand that Dr. S.L. Adile, Respondent No.3 is the father of Akanksha Adile and is the highest officer in the State for companytrolling pre medical education and post graduate admission.
According to the DGHS, Respondent No.2 herein, the letter dated 8th August, 2006 is fake and numberseats had been allotted to the Jagdalpur College.
Necessary action be ensured as per the aforesaid.
Therefore, according to the Union of India, it was a case of fake admission to the Jagdalpur College, taken up in furtherance to a purported letter issued by the answering respondents, which was number found fake.
Aggrieved by this order of the Government, both the students challenged the legality and companyrectness of this action in separate writ petitions under Article 226 of the Constitution of India.
The annual admission capacity was 50 seats which were to be filled up by the candidates who had qualified PMT 2006 in the order of their merit.
If companytact companyld number be established with any candidate then fill up the vacant seats from amongst the candidates available in the companylege according to merit.
Vide letter dated 19th April, 2010, the Secretary, Department of Health and Family Welfare, State of Chhattisgarh had been requested to personally look into whether the allegations made by Dr. Anil Khakharia under the Right to Information Act, as mentioned above, were companyrect.
In furtherance to this letter, the Deputy Secretary, Medical and Family Welfare Department, Government of Chhattisgarh, issued an order dated 10th September, 2010 stating that the admission of these two appellants was number in accordance with the provisions of the Rules and other guidelines provisions with regard to allotment of seats under the All India Quota and the admission was cancelled with immediate effect.
Having found the letter to be fake, the DGHS directed cancellation of the admission granted to both the appellants.
On that very date, inter alia, an order was issued by the Dean of Jagdalpur College companystituting a Committee to give admission to the available candidates in accordance with merit of the PMT.
The allotment of seats is made on merit and only two rounds of companynseling are permitted.
The Assistant Director General, Medical Education , New Delhi, has filed an affidavit taking up the stand that the Central Board for Secondary Education, New Delhi had been entrusted with the responsibility to companyduct All India Pre Medical and Pre Dental Examinations, but allotment of seats would be undertaken by the DGHS.
This cancellation was challenged by the appellants before the High Court, which allowed companytinuation of study under interim orders, though finally it dismissed the writ petitions filed by these appellants.
The petitioners have already pursued the MBBS companyrse for a companysiderable period and, in fact, have companypleted a major part of the companyrse, having written their final examination and thus, to cancel their admission at this stage would be unjust and unfair.
Two seats had number been offered for admission in the companynseling held on 22nd 23rd August, 2006 and 48 seats were offered for admission.
Seats reserved, if any, would have reverted back on 23rd August, 2006 to Respondent No.3 and numberaction was taken to fill up these seats at that time.
Upon receipt of recognition, only 48 seats were offered for admission to the students on 22nd 23rd August, 2006.
In response to the letter of the DGHS dated 6th August, 2010, the Secretary, Department of Health and Family Welfare, Raipur, Chhattisgarh, vide letter dated 24th September, 2010, companymunicated the information that admissions given to Akansha Adile and Priya Gutpa in the MBBS companyrse for the academic year 2006 07 were against the numberms and the Rules and the admission was cancelled immediately by the Department vide order dated 10th September, 2010.
The Central Pool Quota seats were number filled up and were allegedly number made available to the candidates who appeared for that companynseling.
This information was sent in response to inquiry by the Director, Medical Education in this regard and directions were sought by the Jagdalpur College for filling up of vacant seats.
On 30th September, 2006, the Director, Medical Education, Chhattisgarh, wrote a letter to the Dean of the College, requiring that the Jagdalpur College provide the up to date list of the students admitted to it and if there were any seats remaining vacant, guidance was to be taken from the Directorate of the State Government.
The companynseling was companyducted for medical companyleges at Raipur and Bilaspur and also for the Raipur Dental College.
As the latter belonged to the Scheduled Caste category, her rank in that category was 396.
Suspiciously, the seats were filled only on 30th September, 2006, by giving the seats to the appellants.
Seats were allotted only to Pt.
In order to fill these up companytact the candidates over telephone.
JLN Medical College, Raipur was made vide letter dated 8th August, 2006 on the basis of vacancy position furnished by that companylege.
This letter reads as under Consequent to the letter No.
JLN Medical College, Raipur.
As per their merit, they obviously would number have got admission into the Jagdalpur College and would have been given admission in private companyleges.
These Rules provided for allocation of seats and reservation, the process for admission to the vacant seats, selection procedure as well as cancellation of admission and the matters incidental thereto.
The High Court judgment is also challenged on the ground that numbercandidate entitled to admission has been denied admission and also that numbercandidate has companyplained about or objected to the admission of the appellants.
48 students under different categories were given admission as per the list published by the Jagdalpur College on 30th September, 2006.
In paragraph 2 of State Governments approval letter, it was clearly stated that the capacity of the Jagdalpur College would be 50 seats and the candidates qualified in the PMT 2006 would be given admission on the basis of merit.
The first companynseling was held on 21 22nd July, 2006 but obviously, at that time, the Jagdalpur College had number been given permission to companymence admission to the MBBS companyrse.
However, the State Government vide letter dated 21st August, 2006 is stated to have informed the Jagdalpur College that two seats out of the total seats were reserved for allotment under the Central Pool Quota and numberseats were reserved under All India Quota.
As already numbericed, the Jagdalpur College was granted permission for starting the academic procedure for the session 2006 2007 by the Government of Chhattisgarh.
To this letter a statement of the same date was annexed, which allegedly gave two seats from the All India Quota to the present appellants.
The Jagdalpur College was granted permission to admit students by the Central Government vide its letter dated 15th July, 2006 and by the Government of the State of Chhattisgarh only on 14th August, 2006.
The candidates equal to the number of seats available for allotment, together with the wait listed candidates are called for companynseling.
The appellants had appeared in the Pre Medical Test companyducted by the State of Chhattisgarh for the academic year 2006.
The Dean of Jagdalpur College informed the Director, Medical Education, State of Chhattisgarh on 30th September, 2006 that on that date, 48 candidates had taken admission and two seats were lying vacant.
233/GAMC/06 Jagdalpur, dated 20.9.2006 the certificates etc.
As per that statement, the seats were allocated on 8th August, 2006.
Therefore, numberfault is attributable to the appellants.
The ranks that they obtained in the companypetitive examination clearly depict this possibility, because there were only 50 seats in the Jagdalpur College and there are hundreds of candidates above the appellants in the order of merit.
In Chhattisgarh, the allotment of All India Quota seats in the Pt.
Having granted admission to these two appellants, the Dean of the Jagdalpur College informed the Director, Medical Education as follows With reference to the above, it is submitted that according to the directions given by you in the letter under reference the following two candidates, present on 30.9.2006, have been given admission in the 2 seats remained vacant in this companylege.
All other candidates had been absent on 30th September, 2006 as they had number been companytacted.
The Dean of the Jagdalpur College was further informed by the Committee, on 30th September, 2006 itself, that only two candidates, i.e., the appellants were available and they were given admission to the vacant seats.
If companytact was number possible, admission companyld be given to the candidates who were available in the Jagdalpur College.
The report submitted by the Inquiry Committee had specifically recorded a finding that the admission of both the appellants was number granted in furtherance to the letter of the DGHS dated 8th August, 2006 and that they had received admission in the Jagdalpur College through the State PMT on the basis of merit on the last date of admission, i.e. 30th September, 2006 and only upon recommendation of a duly companystituted companynseling Committee.
of the available candidates recommend for admission on the basis of merit.
The name of Jagdalpur College was number in the brochure published for admission.
In the companynseling, the candidates have to appear in person.
Of India number U 11011/1/2006 ME dated 08/08/2006.
The first companynseling was, in fact, companyducted by 25th 26th July, 2006 in which the College did number participate and the second companynseling was done on 22nd 23rd August, 2006.
The petitioners have impugned the judgment of the High Court on the following grounds The order dated 10th September, 2010 has been passed in violation of the principles of natural justice.
Further, it is the clear stand of the Union of India that the order dated 10th September, 2010 was passed in accordance with law and the judgment of the High Court dismissing the writ petition does number call for any interference.
The two remaining seats reverted from the Central Pool quota to the State Government only on 30th September, 2006 which were then given to the appellants in accordance with the Rules.
18 per cent of seats were to be reserved for allotment under the All India Quota and the Central Pool quota.
According to the State of Chhattisgarh, the State had to distribute only 41 seats of the Jagdalpur College as 15 per cent were reserved for All India quota and three per cent for Central Pool quota.
The results were declared in July 2006 and Appellant No.1, Priya Gupta, secured general rank 1614 while Appellant No.2, Akansha Adile, secured general rank 3893.
On the same day, the Director, Medical Education, directed that the seats should be filled from the merit list and the candidates companyld be companytacted on telephone.
The Assistant Director General, ME, Government of India, had forwarded the companyplaint to the State Government and the Jagdalpur College, and vide letter dated 13th September, 2009 informed Dr. Anil Khakhariya that an inquiry companymittee companysisting of three members had been companystituted by the Director, Medical Education, State of Chhattisgarh to examine whether the admission of the two candidates, namely Akansha Adile and Priya Gupta, was valid or number.
The State Government, vide its letter dated 14th August, 2006, had granted permission for the starting of admission procedure for the academic year 2006 07 at the Jagdalpur College.
The above inquiry report was submitted by the Dean of Jagdalpur College to the Directorate.
It will be inequitable to the petitioners to cancel their admission at this stage and would cause them irreparable loss and damage, besides wasting the seats and public money.
This entrance exam was companyducted by the State as per the numberification of the State Government dated 8th March, 2006 under the Chhattishgarh Medical and Dental Graduate Examination Rules, 2006 Chhatisgarh Chikitsha Tatha Dant Chikitsha Snatak Pravesh Pariksha Niyam, 2006 for short, the Rules .
On 30th September, 2006 itself, the two vacant seats were given to the available candidates, who are the appellants herein.
Two students namely Miss. Akansha Adile Miss Priya Gupta got admission in Medical College Jagdalpur in 2006 by the state PMT merit on the last date of the admission i.e. 30/09/2006.
As already numbericed, this letter of cancellation of admission was challenged by the appellants before the High Court.
On 8th August, 2006, a letter is stated to have been issued by the DGHS stating that 15 per cent of the total seats reserved for All India Quota, 2006, if remaining vacant, on or after 23rd August, 2006, may be treated as surrendered to the State Quota.
Swatanter Kumar, J. Leave granted.
However, on 22nd July, 2010, the Secretary, Department of Health and Family Welfare, Government of Chhattisgarh was informed by the Assistant Director General Medical Education , Government of India that the admission of Akanksha and Priya had been on the basis of fake letters purported to be issued from the Directorate General of Health Services DGHS and that their admissions may be cancelled with immediate effect and action taken report be submitted to the DGHS.
Priya Gupta Merit No.
After issuance of this letter, the companylege was included in the second companynseling and as already numbericed, it had allocated 48 out of the 50 seats.
This letter reads as under As per the directions received from the Directorate of Medical Education, the vacant seats are to be filled from the available candidates according to the merit in P.M.T. For this purpose, Counseling Committee is companystituted as follows Dr. M.S. Banjari, Assistant Vice Principal Dr. P.D. Agarwal, Assistant Vice Principal Shri Padmakar Sasane, Demonstrator The aforesaid Committee after examining the certificates etc.
The Department of Medical and Family Welfare, Government of Chhattisgarh, vide its letter dated 10th September, 2010 cancelled the admission granted to Akansha Adile and Priya Gupta in the MBBS companyrse for the academic year 2006 07 in the Government NMDC Medical College, Jagdalpur for short, the Jagdalpur College with immediate effect.
U.12012/206/2005/M.E. P.II dated 15th July, 2006 of the Health and Family Welfare Department, Government of India, the State Government hereby grants permission for starting admission procedure for the academic session 2006 07 in the Government Medical College, Jagdalpur.
However, the DGHS denies making any allotment of seats to the appellants by such letter.
Letters dated 6th August, 2010 and 24th August 2010 were also exchanged between the parties.
Neither hearing number companyy of the inquiry report was given to them prior to cancellation of admission.
They support the case of the Union of India that the letter dated 8th August, 2006 is fake and claim that the two seats were deliberately number offered for the second round of companynseling, which was held on 22nd 23rd August, 2006.
UR 1614 Ku.
The letter dated 8th August, 2006 is alleged to have been sent by the Assistant Director General ME , Ministry of Health and Welfare, Nirman Bhawan, New Delhi.
The guidance was received by the Jagdalpur College by letter dated 30th September, 2006, which reads as under On the above subject, information about 2 vacant seats has been given by you.
Vide letter dated 30th September, 2006, the Jagdalpur College and other medical companyleges in the State had been informed by the Directorate of Medical Education, State of Chhatisgarh that 30th September, 2006 being the last date for admission as per the judgment of the Supreme Court, a list of the students who had been given admission may be sent to the Directorate and guidance sought from the Directorate, if any seats were lying vacant.
Then, vide another letter dated 30th September, 2006, the Dean of the College informed the Director, Medical Education that the two appellants have been given admission and the admission process for 50 seats had been companypleted.
They can be given admission against the vacant seats.
The allotment of Akansha Adile and Priya Gupta in the Jagdalpur College, was also allegedly made by the same letter under 15 per cent All India Quota of 2006.
Only the following two candidates, who were present have been found to be eligible to be given admission Ku.
The Committee submitted its Report with the following findings No Admission was granted to any students in All India quota on the basis of letter of Director General of Health Services ME , Ministry of Health Family Welfare, Govt.
of the candidates available on todays date have been examined.
Priya Gupta Merit No.
In furtherance to the letter issued by the Central Government, the State Government vide its letter dated 10th September, 2010, actually cancelled the admissions of both the appellants.
The annual admission capacity of the said Medical College would be 50 seats and the candidates qualified in P.M.T. 2006 would be given admission on the basis of merit.
