NINGTHEMOHAKARONG Vs. NAOREM SANTA SINGH

JUDGEMENT

(1.) These appeals witness yet, another litigious tussle over the admission to the Undergraduate Medical course. Though avoidance of such litigations had been underlined time and again in a plethora of judicial decisions of various courts, regretfully, a lingering controversy seems to accompany most of the admission process to such course(s) which of late has surfaced as a national feature. It is high time that the authorities concerned focus their attention to this aspect of the matter so that the budding talents of the country are not compelled to wastefully engage in court cases pursing their claim for admission to their desired courses of study.

(2.) Nominations by the State of Manipur of its candidates for admission to seats allotted to it for MBBS/BDS courses for the session 2003-2004 is presently in question. The private respondents in the present appeals had filed two writ petitions namely WP No. 1007/2003 and WPNo. 1091/2003 in two groups assailing the legality and validity of the Manipur MBBS/BDS Entrance Examination (Selection of Candidates) Amendment Rules, 2003 (hereinafter referred to as the '2003 Rules') as violative of the Medical Council of India Regulations on Graduate Medical Education, 1997 framed by the Indian Medical Council (hereinafter referred to as the 'Regulation') and further praying for quashing the subsidiary select list and the waiting list dated 5.7.2003 for admission to 1st year MDBS/ BDS course of 2003-2004. The learned Single Judge by the impugned Judgment and order passed in common, upheld the challenge and consequently quashed the 2003 Rules as well as the impugned subsidiary lists and vacated the admission of the candidates with a direction that the seats consequently falling vacant be filled up by nominations of candidates from the original merit list/waiting list. The direction vacating the impugned admissions and for re-nomination, however, was kept in abeyance for a period of Six weeks granting liberty to the State Government to approach the Medical Council of India (hereinafter referred to as the 'Council') for relaxation of the qualifying marks of the nominated Scheduled Tribe candidates in the fray. It was submitted at the Bar in course of the arguments before us that the Council on being approached had declined to grant such relaxation.

(3.) Writ Appeal No. 422/2003, 425/2003 and 426/2003 are by the affected candidates and Writ Appeal Nos. 456/2003 and 47/2004 are by the State of Manipur. These appeals were heard together and as common facts and questions of law are involved, these are being disposed of by this common judgment and order.