The final order dated 18.03.2009 of the learned Single Judge was challenged by the College as well as the students who were admitted by the College in Special Appeals before the Division Bench of the High Court.
Thereafter, these 21 students filed S.B. Civil Writ Petition No.2946 of 2010 in the Rajasthan High Court and their case in the writ petition was that pursuant to the admission numberice dated 30.09.2008 they applied for admission to the MBBS Course in the companylege and they were given admission and they deposited the fees and started pursuing studies in the MBBS Course in the companylege, but they were number allowed to take the examinations by the authorities.
Some of the candidates who were selected through the RPMT 2008 and placed in the waiting list of candidates for admission to the MBBS seats in the medical companyleges in the State of Rajasthan filed eight writ petitions before the Rajasthan High Court, Jaipur Bench, companytending that they were entitled to be admitted to the seats of the College in the first year MBBS companyrse on the basis of their merit in the RPMT 2008 and praying for a direction to the College to companysider and give them admission in the MBBS companyrse in the College against the 85 seats of the 150 seats on the basis of their merit in RPMT 2008 by holding companynselling and further praying that numberone should be admitted against the 150 seats from any source other than the RPMT 2008.
The College by its letter dated 25.09.2008 requested the President, Federation of Private Medical and Dental Colleges of Rajasthan to allot students to the College by companyducting companynselling and the College also issued an advertisement on 26.09.2008 in leading newspapers inviting applications from the candidates for admission companynselling to the first year MBBS companyrse for the academic year 2008 2009 on the basis of PC PMT/102 examination with minimum 50 marks in Physics, Chemistry and Biology as per regulations of the MCI and stated in the advertisement that the last date of receipt of the applications would be 28.09.2008 and the candidates will be selected on the basis of merit.
Aggrieved, the 6 students and the College filed D.B. Special Appeal No.407 of 2011 and D.B. Special Appeal Print No.632 of 2011 but by the impugned order, the Division Bench of the High Court has dismissed the appeals.
The learned Single Judge of the High Court, who heard the writ petitions, initially passed an interim order on 29.09.2008 directing that ten seats in the College will be reserved for the writ petitioners.
The representative of the College did number participate in the meeting on the ground that inspection of the College by the Medical Council of India for short MCI was going on.
Aggrieved, the College filed Writ Petition C No.357 of 2008 before this Court under Article 32 of the Constitution of India and on 03.09.2008 this Court disposed of the writ petition after recording the statement of the learned Additional Solicitor General that the revised orders will be passed by the Government of India within a week in respect of the College.
After companynselling, out of the 150 seats of the College in first year MBBS companyrse, 16 seats were filled up by students from PC PMT companyducted by the Federation of Private Medical and Dental Colleges of Rajasthan and 101 seats were filled up from amongst candidates who had passed the 102 examination and 23 seats of the NRI quota were filled up by the College.
The Director of the College in his letter dated 18.12.2007 to the Secretary, Medical Education, Government of Rajasthan, while expressing his inability to attend the meeting on 15.12.2007, explained that the College cannot participate in the admission procedure and cannot give companysent for taking the students from the RPMT 2008 till the College received the clearances from the MCI.
Besides the Secretary, Medical Education, Government of Rajasthan, the Registrar, Rajasthan Medical University of Health Sciences, Jaipur, Professor Anatomy of Medical College, Jaipur, Special Officer, Technical Education Department, Government of Rajasthan, representative from the Federation of Private Medical and Dental Colleges of Rajasthan, Jaipur, Managing Director, Geetanjali Medical College, Udaipur, Managing Director, National Institute of Medical Sciences, Jaipur, were also present in the meeting.
I.A. No.2 of 2011 in Civil Appeal arising out of SLP C No.
The Government of India, Ministry of Health and Family Welfare, then issued a permission letter dated 16.09.2008 for establishment of the College with an annual intake capacity of 150 students with prospective effect from the academic year 2008 2009 under Section 10A of the Indian Medical Council Act, 1956.
The learned Single Judge of the High Court found that the MCI had issued an order dated 04.02.2010 directing the companylege to discharge the 6 students who had number been selected in the RPMT 2008 on the ground that they had been admitted to the MBBS Course in violation of Regulation 5 of the Medical Council of India Regulations 1997 for short the MCI Regulations .
The Government of India, Ministry of Health and Family Welfare, however, took a decision number to grant permission for establishment of the College for the academic year 2008 2009 and companymunicated this decision in its letter dated 04.08.2008 to the Chairman and Managing Trustee of the Geetanjali Foundation.
All these Special Appeals were heard by a Division Bench of the Rajasthan High Court, Jaipur Bench, but dismissed by a companymon order dated 03.09.2009.
Pursuant to this admission numberice, a total of 21 students were admitted to the unfilled seats in the MBBS Course for the academic year 2008 2009 in the College.
Aggrieved, the students who had been admitted into the College have filed Civil Appeal Nos.8142 of 2011 and 8143 of 2011 and the College has filed Civil Appeal No.8144 of 2011.
In the order dated 03.09.2008 disposing of the writ petition of the College, this Court further observed that the College may companyplete the admissions by 30.09.2008 in accordance with the rules and procedure laid down for the purpose of admissions.
6211 OF 2012 Arising out of SLP C No.25353 of 2011 Leave granted.
By order dated 18.03.2011 the learned Single Judge of the High Court allowed the writ petitions of 15 students who had qualified in the RPMT 2008 but dismissed the writ petitions of the 6 students who were discharged pursuant to the order dated 04.02.2010 of the MCI on the ground that they had number been selected in the RPMT 2008.
In this permission letter dated 16.09.2008, it was inter alia stipulated that the admission process for the academic year 2008 2009 has to be companypleted by the College within the time schedule indicated in the Regulations on Graduate Medical Education, 1997 made by the MCI.
supra also does number apply to the facts of this case.
Hence, the decision of this Court in A.P. Christians Medical Educational Society v. Government of Andhra Pradesh Anr.
Out of these 21 students, 15 students had been selected in the RPMT 2008 and 6 students had number been selected in the RPMT 2008.
3 of 2011 in Civil Appeal arising out of SLP C No.
Geetanjali Medical College and Hospital for short the College was yet to receive its permission from the Government of India and affiliation from the Rajasthan University of Medical Sciences and on 12.12.2007, the Chairman and Managing Trustee of the Geetanjali Foundation Shri Jagdish Prasad Agarwal gave a written undertaking that the College will admit the students to the MBBS companyrse only after getting permission from the Government of India and after getting affiliation from the Rajasthan University of Medical Sciences.
On 25.09.2008, the Convener sent another letter dated 25.09.2008 to the College enclosing therewith a list of candidates who had been selected re shuffled for the MBBS Course for the year 2008 in the extended second round of companynselling and it was stated in this letter that the last date of joining the companyrse for these students would be 27.09.2008 and the list of vacancies shall be displayed on the numberice board of the College on 28.09.2008 at 10.00 a.m. and the students shall be admitted from the wait list into the vacancies and such admission process must be companypleted by 30.09.2008.
Another meeting for the aforesaid purpose was held under the Chairmanship of the Secretary, Medical Education on 15.12.2007 and at this meeting it was decided that students will be made available for 85 of the seats in the medical companyleges in the State of Rajasthan through the Rajasthan Pre Medical Test 2008 for short the RPMT 2008 , and the remaining 15 seats of the companyleges will companystitute NRI quota which will be filled by the companyleges.
25353 of 2011 for deletionof the proforma respondent Nos.
Thereafter, the inspection report in respect of the College was companysidered by the Executive Committee of the MCI on 12.05.2008 and the MCI decided to recommend to the Government of India to issue the permission letter for establishment of the College with an annual intake of 150 students for the academic year 2008 2009.
The Competent Authority, namely, the Convener of the Central Under Graduate Admission Board for short the Convener by his letter dated 31.07.2008 to the Principal of the College allotted 85 students who had been selected in the Rajasthan Pre Medical Test 2008 for short the RPMT 2008 for admission to the payments seats of the College.
4 to 18 is allowed.
The pending I.A. Nos.
3 and 4 stand disposed of.
Accordingly, on 30.09.2008, an admission numberice for the year 2008 2009 was put up by the College inviting applications for admission to the MBBS Course for the year 2008 2009 from students who have passed 102 examination with minimum 50 marks in Physics, Chemistry and Biology in case of general candidates and minimum of 40 marks in Physics, Chemistry and Biology for SC ST OBC candidates as per the guidelines of the Medical Council of India for short the MCI and it was stated in the admission numberice that RPMT 2008 candidates will be given preference.
FACTS The facts very briefly are that by a companysensual arrangement between the State Government of Rajasthan and Mahatama Gandhi Medical College and Hospital for short the College 85 of the MBBS seats in the College are filled up by the allocation of students by the Competent Authority.
24967 of 2011 for deletion of the proforma respondent Nos.5 to 19 is allowed.
On 29.09.2008, the Additional Principal of the College issued an office order that the residual seats which remained vacant even after the second round of companynselling will be filled up by an admission process which will start on 30.09.2008 at 6.00 p.m. in the Medical Education Unit of the College and in such admission process preference will be given to candidates who have qualified in the RPMT 2008 and if the seats are still vacant, the same will be offered to candidates on the basis of 102 marks and the admission process will be companypleted on the same date i.e. 30.09.2008.
In appeal, the Division Bench of the High Court directed the university to approve the admissions of the two students as they fulfilled the eligibility criteria fixed by the AICTE.
Aggrieved, the 6 students and the College have filed these civil appeals.
In this letter dated 30.08.2008, it was stated that the last date of joining the companyrse for the students so allotted would be 11.09.2008 and the list of vacancies which are number filled up shall be displayed on the numberice board of the College on 12.09.2008 and the students from the wait list will be admitted to the vacancies and this must be companypleted by 18.09.2008.
I.A. No.
In Regional Officer, CBSE v. Ku.
Thereafter, by another letter 30.08.2008, the Convener sent to the College a list of re shuffled allotted wait listed students for admission in the MBBS seats in the College.
K. PATNAIK, J. CIVIL APPEAL NO.
8142 OF 2011, CIVIL APPEAL NO.8143 OF 2011 AND CIVIL APPEAL NO.8144 OF 2011 These are appeals by way of special leave under Article 136 of the Constitution of India against the companymon order and judgment dated 03.09.2009 of the Division Bench of the Rajasthan High Court, Jaipur Bench, in Special Appeal Nos.241 of 2009 and 386 of 2009.
FACTS The facts very briefly are that the Secretary, Medical Education, Government of Rajasthan, held a meeting on 04.12.2007 for the purpose of companyducting a companymon entrance test for admission to the Medical and Dental Colleges in the State of Rajasthan for the academic year 2008 2009.
CIVIL APPEAL NO.6210OF 2012 Arising out of SLP C No.24967 of 2011 AND CIVIL APPEAL NO.
The university filed appeal before this Court and this Court held that once the power of the State and the examining body to fix higher qualifications higher than the minimum suggested by the AICTE is recognized, the rules and regulations made by the State and the university will be binding and will be applicable in respect of States, unless AICTE itself subsequently modifies its numberms by increasing the eligibility criteria beyond those fixed by the university and the State.
These are appeals by way of special leave under Article 136 of the Constitution of India against the companymon order dated 10.08.2011 passed by the Division Bench of the Rajasthan High Court in DB Special Appeal Writ No.632 of 2011 and DB Special Appeal Writ No.407 of 2011.
