DIRECTOR GITANJALI MEDICAL COLLEGE Vs. STATE

JUDGEMENT

(1.) Since all these special appeals arise out of common order dt.18/03/2009 passed by learned Single Judge in CWP- 10858/2008 whereby admissions in MBBS course for academic year 2008-09 against 85% of intake 150 seats were declared illegal, hence at joint request, were heard together and are being disposed of at admission stage. Core issue raised before learned Single Judge for consideration was as to whether admission in MBBS course for academic session 2008-09 in a private unaided professional medical college made on the basis of qualifying examination(10+2) is permissible and what will be the effect of Reg.4.2(2) of Medical Council of India Regulations on Medical Education, 1997 (MCI Regulation), which clearly specifies that in a State where there are more than one University/Board/ examining body conducting examination (or where there is more than one medical college) for qualifying examination (10+2), competitive/common Entrance Test (CET) should be held to achieve a uniform evaluation as there may be variation of standards at qualifying (10+2) examination conducted by different education agencies; and how far, admissions to MBBS course in present private unaided professional institution (Gitanjali Medical College) made on the basis of qualifying marks in 10+2 examination, are justified ?

(2.) Before adverting to the core issue, it would be appropriate to narrate bare relevant facts for consideration of rival contentions made at the bar. Appellant- Gitanjali Medical College & Hospital is a private unaided institution, applied for grant of permission for teaching MBBS course through medical council of India (MCI) which recommended vide letter dt. 02/06/08 to the Ministry of Health, Government of India but the Ministry after examining infra structure facilities available at the appellant institution denied permission vide letter dt. 04/08/08. Denial of permission was challenged by appellant institution by approaching the Apex Court in Writ Petition (Civil) NO.357/08 which was disposed of alongwith other Writ-Pet(Civil)-294/2008 (Rohilkhand Educational Charitable Trust Vs. Union of India), vide order dt.03/0 Unni Krishnan, JP Vs. State oM,f AP (1993(1)SCC 645 itor General that revised orders would be passed within a week in respect of Gitanjali Medical College. Accordingly, Government of India issued letter dt.16/09/08 sent by speed post, conveying approval of Central Government for establishment of new medical college at Udaipur Rajasthan by Geetanjali Foundation (appellant-institution) with an annual intake of 150 students with prospective effect from academic year 2008-09 U/s 10(A) of IMC Act, 1956, initially for a period of one year renewable on yearly basis upon verification of achievement of annual targets, which as alleged, according to appellant institution, was received in its office on 25/09/08. Against intake of 150 students for admission in MBBS Course, 15% were made available for NRI-management quota while 85% were available for open selection; and accordingly other than NRI quota, 16 students were admitted by appellant institution in MBBS course from a list prepared on the basis of Private Colleges Pre-Medical Test, 2008 (PC-PMT-2008) held for BDS Dental Colleges of Rajasthan by Federation of Private Medical and Dental Colleges of Rajasthan-Federation which is a body registered under Registration of Societies Act for conducting PC-PMT through Mohanlal Sukhadia University, Udaipur. Further 101 students were admitted by appellant institution based on qualifying marks secured in 10+2 examination through its own advertisement dt.29/09/08; and admissions thereto were made of such students who participated in its counselling. In all 140 students (including 23 against NRI-management quota & 16 through list of PC-PMT-2008 of Federation were admitted and remaining 10 seats were kept vacant because of interim directions issued by learned Single Judge, keeping seats pending for writ petitioners.

(3.) It is relevant to mention that particularly for academic year 2008-09, the Federation had held a competitive entrance test (PC-PMT-2008) only for admission in private Dental Colleges (BDS course) in which appellant institution was neither included in the list duly circulated by Federation in its advertisement and brochure alongwith application form of PC-PMT-2008 nor any CET (PC-PMT-2008) was held by Federation for admission to MBBS course in private medical colleges like appellant institution.