ARPIT AGRAWAL Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Petitioner has challenged the process of fresh admission, initiated through admission notice dated 1.8.2013 on the basis of which applications have been invited to fill up 50 enhanced seats in the MBBS course for the academic Session 2013-14, in the Government Medical College, Sector 2, Chandigarh. Learned counsel for the petitioner has submitted that in the Centralized Counseling Procedure for the MBBS Course for the Session 2013-14, the last date for receipt of application form was 24.6.2013 upto 4.00 PM, in the Government Medical College & Hospital, Sector 32, Chandigarh. According to schedule of admission, after the receipt of applications upto 24.6.2013 till 4.00 PM, list of eligible candidates was to be displayed on 12.7.2013 after 4:00 PM. The 1st counseling was fixed for 17.7.2013 to 19.7.2013 at 9:30 AM and second counseling was provided for the vacant seats, if any, and the date for this round of counseling was to be notified on the website of the college.

(2.) Out of the total 50 seats, 15% seats were meant or All India Quota, which comes to 7 seats, whereas remaining 85% seats, which comes to 43 seats, were meant for UT Pool. There was practically only one counseling for UT pool and the second counseling was there, if the seats remained vacant however, third counseling was provided for the candidates of All India quota.

(3.) Learned counsel for the petitioner has submitted that the respondent, vide an order dated 15.7.2013, postponed the Centralized counseling of MBBS & BDS Course for the session 2013-14 till further information without assigning any particular date because the respondents were expecting enhancement in the seats because of a meeting of the Board of Governors of the Medical Council of India [for short 'the MCI'] held on 14/15.1.2013 in which the issue of enhancement of seats was discussed for the existing Government Medical Colleges. The decision was taken by the MCI in its 11th Meeting held on 2.7.2013 and enhancement of intake capacity of seats in Government, Medical Colleges from 50/100 to 100/150 at the Undergraduate level was approved. Resultantly, a notification was issued by the MCI on 8.7.2013, for enhancing the seats as stated above and it was provided that only such existing Medical Colleges shall be eligible to apply under the Regulations who are enjoying minimum ten years of standing from the date of grant of initial letter of permission by the Central Government and the MBBS qualification awarded by them stands included in the 1st Schedule of the India Medical Council Act, 1956 [for short 'the Act].