DEEPANSHU BHADORIYA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioners namely Deepanshu Bhadoriya, Wadhwani Ashwin Ramesh, Aditi Pathak, Rahul Soni and Sneha Kumari participated in the CBSE conducted NEET for UG medical courses in the year 2016 and state that they were eligible and qualified to participate in the centralized offline counseling conducted by the respondent- State Government for admissions to the UG medical courses in the State of Madhya Pradesh. The petitioners submit further that their admissions to the L.N. Medical College Hospital and Research Centre, Bhopal i.e. the respondent no.4 were effected on the last date of admissions i.e. 07.10.2016 in the academic year 2016-17, in as much as the DME i.e. the respondent no.3 could not fill the leftover vacant seats of the respondent no.4- college.

(2.) The petitioners submit that they are NEET qualified students and eligible as per the norms and standards laid down by the respondent no.1 i.e. the MCI and four of them were also duly registered with the respondentState Government for participating in every offline/ online rounds of counseling for admission to the UG medical and dental courses so conducted by the State Government. The petitioners also submit that some of them also possess higher marks/percentage than the concerned students possessing the lowest marks/ percentage as allotted by the respondent no.3 i.e. the DME to the management of their medical college. The petitioners submit that due to last minute unorganized counseling, the State Government could not fill up the vacant seats in the respondent no.4- college on the last date of counseling i.e. 07.10.2016 and the Department of Medical Education i.e. the respondent no.3 itself vide letter dated 18.11.2016 had recorded that 20 seats remained vacant in the college i.e. the respondent no.4 as on the last date of admission i.e. 07.10.2016. The petitioners submit that they were eligible and qualified from all the aspects and further submit that the association of private dental and medical colleges issued their own advertisement and admitted students on the basis of counseling conducted by them on the basis of the merit list prepared from the NEET examination.

(3.) Vide order dated 22.09.2016 in Contempt Petition (C) no. 584/2016 in C.A. No.4060/2009, the Hon'ble Supreme Court had observed that entrances to various private medical colleges should be effected by the centralized counseling conducted by the State Government and none else and the observations of the Hon'ble Supreme Court relied upon on behalf of the petitioners are to the effect:-