Bombay HC upholds NMC's stand on institute-level counselling, denies relief to 2 MBBS aspirants

Mumbai: Upholding the National Medical Commission's stand regarding institute-level counselling, the Bombay High Court denied relief to two of the 141 MBBS aspirants who were admitted for the course at the institute-level counselling, violating the NMC norms.

Although previously issuing an interim order, the Bombay High Court had temporarily allowed their admission, in its final judgment, the bench comprising Justices Abhay Mantri and AS Chandurkar upheld the order issued by the Undergraduate Medical Education Board (UGMEB) of NMC.

Issuing the concerned notice on 18.10.2023, the NMC UG Board had clarified that MBBS admissions granted at the Institution Level Round shall be considered invalid and such students should be discharged immediately.

Further, the bench took note of the fact that the Directorate General of Health Services announced its decision to conduct a Special Stray Vacancy Round for the vacant MBBS/BDS/B.Sc. Nursing Seats of All India and State Quota. Observing that the last date for reporting at the allotted college is shown as November 15, 2023, the bench directed the petitioner students to apply in the said round for getting admitted in the MBBS course.

"... it seems that the Government of India, Directorate General of Health Services issued the said notice informing that they are going to conduct Special Stray Vacancy Round for the vacant MBBS/BDS/B.Sc. Nursing Seats of AIQ and State Quota. Along with the said, they have given schedule for the said round. As per the said schedule, the last date for reporting at allotted college is shown as 15-11-2023. Thus considering the said fact, the petitioners can apply in the said round for the said course," ordered the bench.

Medical Dialogues had earlier reported that with an aim to put an end to the issue of seat blocking in medical colleges, NMC had clarified that the counselling agencies in the State and the Centre will fill up the seats in all the medical institutes through online counselling.

Clarifying that the mode of counselling will be online even for the stray vacany round in Private Medical Colleges from this academic year, the NMC PG Board had further mentioned that no college/institute should conduct the counselling, including the stray vacancy round, in physical mode.

"All the State Counselling Agencies are requested to make necessary arrangement for conducting the counselling in online mode, for all rounds including stray vacancy round in Private Medical Colleges, from the academic year 2023-24. No College/Institute should conduct the counselling, including the stray vacancy round, in physical mode," NMC had mentioned in a circular.

Despite such a direction issued by the Apex Medical Regulator, the Maharashtra State CET Cell on September 26, 2023, issued a notice to conduct the stray vacancy Round-2.

"The seats remaining vacant in Government/Govt. aided/Corporation Medical Colleges will be filled by Online Stray Vacancy round(s) as per the schedule given in Table 1, Whereas the seat remaining vacant in Private unaided Medical Colleges will be filled at Institute level as per the schedule given in Table 2," the CET cell mentioned in the notice.

Announcing its decision to hold an institute-level stray vacancy round, the CET Cell had directed the eligible desirous candidates to apply via Online mode i.e. through email only to the respective colleges in the prescribed format separately for State Quota and Institutional Quota. Along with the notice, the official email IDs of the concerned colleges were also included.

Also Read: Bombay HC Grants Relief, Temporarily Allows Admission of 2 MBBS Students Admitted through Institute-Level Counselling

Referring to the stray vacancy round conducted in the private medical colleges at the institute-level, NMC mentioned that the counselling was conducted in "clear violation" of the Commission's directive in July disallowing institute-level MBBS admissions. Therefore, the Commission clarified that the admissions granted in such a manner will be considered invalid.

In this regard, NMC's official notification dated October 18 mentioned, "It is informed that the notice issued by the CET cell has been found to be issued in clear violation of the NMC’s earlier notice." Due to this, the admission of 141 students who were admitted in this round became invalid.

This directive by the Apex Medical Commission cancelling the 141 admissions in the stray vacancy round was challenged by two of the students. While considering the matter, the Nagpur bench of Bombay HC had earlier issued an interim order and clarified that the admissions of the petitioners should not be disturbed.

The counsel for the petitioners argued that the NMC notice barring institute-level counselling was issued by NMC PG Board, which is constituted under Section 16(1) of the NMC Act and it does not apply to the MBBS course. UGMEB Board, prescribed under Section 24 of the NMC Act, is the competent Board for the MBBS course and therefore the Circular dated 24.07.2023 does not apply to the MBBS and other Undergraduate Medical Education Courses.

He also pointed out that the candidates were eligible for admission to the first-year MBBS course and therefore argued that the selection was based on merit. Further, the petitioner's counsel pointed out that assuming that there is any irregularity with respect to the procedure followed while granting them admission, the fault does not lie with the petitioners.

On the other hand, the counsel for NMC argued that all admission to all medical seats shall be conducted by the Central Counselling process only by the State Government and none else and the State cannot further delegate powers to colleges to fill up the admissions. Therefore, the college has no right to interfere in the process.

At this outset, the NMC counsel further relied on the judgments of Apex Court in the cases of State of Madhya Pradesh v. Jainarayan Chouksey and another and Education Promotion Society for India and another v. Union of India and others. 

The NMC counsel pointed out that the notice dated 26.09.2023, by State CET Cell of Maharashtra was contrary to the mandate laid down by the Apex Court and further pointed out that as per Clause 5A of the Regulations, the State Government has no authority to issue any direction. But the State ignoring such provision issued the concerned notice which is arbitrary and contrary to the regulations.

Meanwhile, the State CET Cell submitted that the schedule of the ‘Special Stray Vacancy Round’ for MBBS and BDS seats 2023 has been published.

While considering the matter, the HC bench noted that the Constitution Bench of the Hon’ble Apex Court in the case of State of Madhya Pradesh v. Jainarayan Chouksey and others (supra) directed "to hold Centralized Entrance Test followed by Centralized State Counseling by the State to make it one composite process and, further directed that admission to all seats shall be conducted by Centralized Counseling only by the State Government and none else".

It was also observed that "If any counseling has been done by any College or University or any admission to any medical seat has been given so far, such admission shall stand cancelled forthwith and admission shall be given only as per the Centralized Counseling only by the State Government."

The Court also relied on the Supreme Court order in the case of Education Promotion Society for India and another, where the Court emphasised on maintaining the counselling schedule.

"Thus it appears that as per the law laid down by the Hon’ble Apex Court, the third CAP round and subsequent Stray Vacancy Round were completed and, therefore, as per the law laid down in the case of Education Promotion Society for India and Another, "extension cannot be granted just because some seats are lying vacant without there being any other justification," noted the HC bench.

Referring to the State order dated 26.09.2023, the bench opined that it "...is not at all permissible as per the law laid down by the Hon’ble Apex Court as well as the Rules and Regulations of the NMC Act."

"Having considered the law laid down by the Hon’ble Apex Court as well as the Rules and Regulations and facts of the case, it is evident that as per rules, three CAP rounds and thereafter Stray Vacancy Round was completed as per the issuance of the notice dated 18-9-2023. Therefore, the issuance of further Notice No.10 dated 26-9-2023 permitting the medical colleges to fill up the vacant seats at the institutional level as per the schedule, does not arise at all," it further noted.

"As per the law laid down by the Hon’ble Apex Court, admission to all medical colleges shall be conducted by the Centralized Counseling process only by the State Government and none else. Also, if any counseling has been done by any College or University or any admission is given by College or University, such admission shall stand cancelled forthwith. Thus, it seems that respondent No.4 without having any authority issued Notice No.10 dated 26-9-2023 and permitted the medical colleges to fill up the seats at the institutional level, which is contrary to the law laid down by the Hon’ble Apex Court as well as the Rules and Regulations of the NMC Act," the bench observed.

Referring to the contention that the NMC notice was issued by the PG Board, the bench took note of the fact that the notice clearly mentioned that "the online counseling for stray vacancy round for 100% seats in Deemed Universities in UG and PG courses shall be conducted for the year 2023-24."

Therefore, denying relief to the petitioners admitted in the institute-level, the bench advised them to participate in the Special Stray Vacancy Round and ordered, "On perusal of the notice, it seems that the Government of India, Directorate General of Health Services issued the said notice informing that they are going to conduct Special Stray Vacancy Round for the vacant MBBS/BDS/B.Sc. Nursing Seats of AIQ and State Quota. Along with the said, they have given schedule for the said round. As per the said schedule, the last date for reporting at allotted college is shown as 15-11-2023. Thus considering the said fact, the petitioners can apply in the said round for the said course."

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-high-court-institute-level-counselling-225288.pdf

Also Read: Institute-level counselling: Uncertainty continues for 141 MBBS Admissions done at private medical colleges in Maharashtra