Calcutta High Court (Appellete Side)
Supriya Mondal vs The State Of West Bengal & Ors on 12 July, 2021
12.07.2021
SL No. 5
Court No. 24
(P.M.)
WPA 8464 of 2021
Supriya Mondal
Vs
The State of West Bengal & Ors.
(Via Video Conference)
Mr. Partha Sarathi Bhattacharya, Sr. Adv
Mr. Jia ul Haque
... for the petitioner
Mr. Indranil Roy,
Mr. Sumit Kr. Roy
... for National Medical Commission.
Mr. Swapan Kr. Datta, Sr. Adv
Mr. Tapas Kr. Dey
... for the State.
The petitioner seeks admission in Medical College.
She participated in the National Eligibility cum Entrance
Test (U.G.), 2020 and secured the rank 478723.
The specific case of the petitioner is that there are
certain vacancies in various Government Medical Colleges
in West Bengal and accordingly she made a prayer before
the Registrar of West Bengal University of Health Sciences
on 5th February, 2021 to consider her prayer for admission
in M.B.B.S. Course for the year 2020-2021.
According to the petitioner as there are vacancies in
several medical colleges, accordingly her case ought to be
considered in terms of the representation filed by her.
The petitioner relies upon a judgment reported in
2019 SCC Online SC 1609 dated 13th December, 2019 (Para
2
- 9) delivered by the Hon'ble Supreme Court in Civil Appeal
No. 1081 of 2017 in the matter of S. Krishna Sradha - Vs -
The State of Andhra Pradesh & Ors.
The petitioner also relies upon an unreported order of
a learned Single Judge of this Court (Circuit Bench at
Jalpaiguri) dated 20th August, 2019 passed in WPA No. 344
of 2019 (Sandip Mondal - Vs - West Bengal University of
Health Sciences & Ors.) wherein the Court disposed of the
writ petition by holding that in order to prevent
unnecessary harassment to the petitioner in the event there
are actually vacant posts to which the petitioner is entitled
to get admitted the respondent authority was to
provisionally admit the petitioner in a college under the
University and the said admission was subject to
availability of vacancies. It was clearly indicated that the
petitioner shall not claim any equity in his favour in the
event he qualifies or was allowed to take an examination by
the University.
The learned advocate representing the National
Medical Commission submits that there has been no
illegality in the process of admission in the various medical
colleges in the State of West Bengal. It has been submitted
that the petitioner failed to qualify in the four rounds of
counselling that was held.
It has further been submitted that the petitioner has
come up with an omnibus and vague allegation that there
are vacancies in the medical colleges in the State of West
Bengal. The details of the vacancies have not been
disclosed.
It has been submitted, upon instructions, that at
present all the vacancies have been filled up in the specified
category (general category).
The learned advocate further submits that the
judgment delivered by the Hon'ble Supreme Court in the
matter of S. Krishna Sradha will not apply in the present
case. It has been submitted that as there has been no
illegality or irrationality by the authorities, accordingly the
direction passed in the said judgment will be not be
applicable.
It has also been submitted that the petitioner has not
approached the Court in proper time. The Hon'ble Supreme
Court in the order dated 8 th February, 2021 in the matter of
Asish Ranjan & Ors. - Vs - Union of India & Ors. in WP(C)
No. 76 of 2015, MA No. 240/2021 specifically directed that
time for admission in under graduate MBBS Courses for
the academic session 2020-21 is extended by a period of
one week from date, i.e. no admission to any UG MBBS
Course can be made after the date as specified by the
Hon'ble Supreme Court for the academic session 2020-21.
Upon hearing the submissions of the parties it
appears that the petitioner did not get a chance in the four
rounds of counselling that were held for admission in the
various medical colleges.
The petitioner in her representation dated 5 th
February, 2021 has not specified the number of vacancies
in the specified category in the Government Medical
Colleges she seeks admission. There is no allegation that
there has been any illegality or irrationality on the part of
the respondent authorities in conducting the admission
process.
The first year course of the M.B.B.S. has already
started and admission for the fresh batch of the year 2021
will take place shortly.
The Supreme Court in S. Krishna Sradha (supra) in
paragraph 9 specifically laid down that if a meritorious
candidate has been denied admission in M.B.B.S. course
illegally or irrationally by the authorities for no fault of
his/her and who has approached the court in time and to
see that such a meritorious candidate may not have to
suffer for no fault, the Court may entertain the writ petition
to do complete justice. The judgment further held that
under exceptional circumstances, if the Court finds that
there is no fault attributable to the candidate and the
candidate has pursued his/her legal rights expeditiously
without any delay or there is apparent breach of rules and
regulations in the process of grant of admission which
would violate the right of equality, the Court under
exceptional circumstances and in the rarest of rare cases
direct admission in the same year.
Such is not a case in hand. The petitioner being
unsuccessful in the counselling has approached this Court
at a delayed date. This is not the rarest of rare cases
warranting interference. Moreover, the order dated 8th
February, 2021 has specifically made it clear that there can
be no admission in UG MBBS Courses for the academic
session 2020-21 after 15th February, 2021. Irrespective of
the fact whether there is any vacancy or not, the petitioner
has lost her chance to seek admission in the said course in
view of the aforesaid order of the Supreme Court dated 8 th
February, 2021.
In view of the time limit set by the Hon'ble Supreme
Court in the order dated 8th February, 2021, no relief can be
granted to the petitioner in the instant case.
The writ petition stands dismissed.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of usual
formalities.
(Amrita Sinha, J.)
