Supreme Court stays HC order to grant MBBS seat to candidate at Atal Medical and Research University

New Delhi: The Supreme Court bench has now issued a stay on the order of the Himachal Pradesh High Court, which had earlier directed the Atal Medical and Research University and the National Medical Commission (NMC) to grant one MBBS seat to an aspirant at PTJLN Government Medical College.

Apart from this, the HC bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel had further directed NMC and the University to pay Rs 2 lakh each, as compensation to the petitioner for making her lose one full academic year.

However, the order of the High Court has been challenged by NMC before the Supreme Court. While considering the matter on September 01, 2023, the top court bench comprising Justices S. Ravindra Bhat and Aravind Kumar issued notice in the matter and ordered a stay on the High Court order.

The bench further clarified that the stay is subject to the final outcome of the petition and listed the matter for further hearing after three weeks. The issue is likely to be heard next on September 25, 2023.

The matter concerned petitioner Sanjana Thakur, who had approached the Himachal Pradesh High Court bench and informed the court that two students who were granted admission in PTJLN Government Medical College, Chamba and IGMC Shimla respectively had forged their NEET Mark sheet and consequently admission given to them was cancelled on the ground that the documents submitted by them did not match the available information on the National Medical Counsel Portal.

Medical Dialogues had earlier reported that these facts were also admitted by the counsel for NMC and Atal Medical and Research University, which had conducted the State Counselling for the State Medical Colleges in Himachal Pradesh.

Therefore, two MBBS seats became vacant in IGMC Shimla and Pt. JLNGMC, Chamba. Thereafter the University informed NMC that one seat in General category and another seat in EWS category had fallen vacant. The University wrote to NMC on 17.01.2023 and requested the Commission to grant the necessary permission/directions for filling up those two vacant seats.

It was contended by the petitioner Sanjana Thakur that she was the next rank holder in the general category and therefore, she should be given the vacant seat in the general category, which became vacant in the PTJLN Government Medical College, Chamba.

After complaining to various authorities, including the Himachal Pradesh Chief Minister, the petitioner filed the plea before the High Court bench on January 28, 2023, and sought permission to be allowed to join the MBBS course which started in December 2022.

Taking note of the events that took place after filing of the case, the HC bench expressed its shock at the fact that in the matter of MBBS admission, for which the Academic Session commenced in November 2022, no reply had been filed by NMC and the University.

At this outset, the bench observed, "This indicates the totally callous nature and the irresponsible behavior on the part of the respondent no.2, thereby depriving the petitioner of her valuable right to join the MBBS Course and undergo classes."

"Why the respondent no.2 had not immediately responded to letter dt.17.1.2023 of respondent no.4 till 19.6.2023 and not even filed a reply in this Court from 30.1.2023 is not explained by respondent no.2. Unless the respondent no.2 allows the admission of petitioner, respondent no.4 cannot permit respondent no.6 to admit petitioner to the MBBS course," the bench observed while considering the delay on the part of NMC.

However, the bench had opined that the University was also to be held responsible and noted, "Had respondent no.4 acted with more alacrity, and informed respondent no.4 in last week of November,2022 or first week of December, 2022, petitioner could have been admitted to the course before 29.12.2022 and would not have lost a valuable benefit."

While considering the case of the petitioner candidate, the bench previously held that the petitioner is undoubtedly meritorious and is immediately next in the merit list of the candidates prepared by the University after the Second Round of Counselling of 2022 and is otherwise entitled to be admitted in the General Category MBBS Seat available in the PTJLN Government Medical College, Chamba, consequent to the cancellation of admission of a student because of forgery.

Further, the bench had opined that no fault was attributable to the petitioner in the instant case and that she had pursued her rights and legal remedies expeditiously and without delay.

With this observation, the court had granted MBBS admission to the petitioner student in PTJLN Government Medical College, Chamba in the Academic Year 2023-2024, and directed the University and NMC to increase the number of seats allotted to the said college by one seat for that academic year.

The bench had further directed NMC and Atal Medical and Research University, Nerchowk, Mandi, to pay Rs 2 lakh each, as compensation to petitioner within four weeks for making the petitioner lose one full academic year.