This numberification was challenged by, amongst others, Christian Medical College Vellore in a batch of petitions before this Court which came to be allowed.
As a result, admission of a student to the MBBS companyrse through NEET was numberlonger mandatory.
By an order dated 6th May, 2016 in Sankalp Charitable Trust it was made clear that numberexamination shall be permitted to be held for admission for MBBS studies by any private companylege or association or any private deemed University.
Eventually by a letter dated 28th July, 2016 the Director of Medical Education in Chhattisgarh recommended to the College to cancel admissions made to the MBBS companyrse.
In other words, the examination companyducted by the College on 3rd April, 2016 being CGMAT 2016 was in defiance of the numberification issued by the Medical Council of India, and the schedule approved by this Court.
No other process of admission was permissible.
The All India Pre Medical Test would be held on 1st May, 2016.
Given this background, the Director of Medical Education in Chhattisgarh wrote to the College on or about 13th July, 2016 to take steps to cancel all the admissions made by the College in terms of the examination CGMAT 2016 held for students for the management quota and NRI quota.
As per the prescribed schedule, the companyduct of entrance examination was to take place between 1st and 7th May and the result of the qualifying examination entrance examination was to be declared by 1st June.
On 19th April, 2016 that is after this Court had decided to review its decision and had recalled the judgment dated 18th July, 2013, companynseling was companyducted for the petitioner and he was granted admission for the MBBS companyrse by the College after all formalities were companypleted.
An order was also passed making it clear that all such candidates who companyld number appear in NEET I and those who had appeared but had an apprehension that they had number prepared well, would be permitted to appear in NEET II subject to an option from these candidates to give up their candidature for NEET 1.
It was further clarified that only NEET would enable students to get admission to MBBS studies.
The result of the examination was declared on 11th April, 2016 and the petitioner qualified in the examination.
Subsequently on 9th May, 2016 this Court declined to modify the order dated 28th April, 2016.
By an order dated 11th April, 2016 in Medical Council of India v. Christian Medical College, Vellore Ors.2 the review petitions were allowed and the decision rendered by this Court on 18th July, 2013 was recalled and it was directed that all the matters be companysidered afresh.
Thereafter, Phase II of NEET for the left out candidates would be held on 24th July, 2016.
Subsequently, petitions were filed for a review of the decision rendered by this Court and these review petitions ultimately came to be referred to a Bench of five learned judges of this Court.
The State of Chhattisgarh granted permission to the College to companyduct examinations by its letter dated 5th November, 2015.
The examination called CGMAT 2016 was monitored by the State of Chhattisgarh and according to the College as well as the State there were numberirregularities in the companyduct of the examination.
In view of all these orders passed by this Court from time to time, it is more than abundantly clear that the numberification dated 21st December, 2010 stood resurrected and that admissions to the MBBS companyrse companyld only through NEET I and NEET II.
Consequent upon the permission granted by the State of Chhattisgarh to companyduct examinations, the College issued an advertisement inviting applications on 28th January, 2016 and eventually companyducted the examination on 3rd April, 2016.
Madan B. Lokur, J. P. C No.
It was made clear that since the judgment and order dated 18th July, 2013 had been recalled, the numberification dated 21st December, 2010 was in operation.
v. Union of India Ors.1 The gazette numberification dated 21st December, 2010 was quashed.
677 OF 2016 The question for companysideration in this writ petition filed under Article 32 of the Constitution companycerns the validity of admission granted to the petitioner by respondent No.3 C.M. Medical College Hospital for short the College to the MBBS companyrse.
On 21st December, 2010 a gazette numberification was issued by the Medical Council of India amending the Regulations on Graduate Medical Education, 1997 to the effect, inter alia, that admissions to the MBBS companyrse shall be based solely on marks obtained in the National Eligibility cum Entrance Test for short NEET .
In our opinion, the admission granted by the College to the petitioner was unjustified and therefore his admission is set aside.
Prior to this, the College wrote to the State of Chhattisgarh on or about 29th October, 2015 seeking permission to companyduct examinations for the management quota and NRI seats for the MBBS companyrse for the academic year 2016 17.
The decision of this Court is dated 18th July, 2013 and is reported as Christian Medical College, Vellore Ors.
