Delhi High Court
Dr. Machat Balakrishnan Menon vs Medical Council Committee on 25 August, 2020
SINDHU KRISHNAKUMAR
25.08.2020 22:48
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25th August, 2020
+ W.P.(C) 4755/2020
DR. MACHAT BALAKRISHNAN MENON ..... Petitioner
Through: Mr. John Mathew and Mr. Karthik
SD, Advocates. (M:9891278195)
versus
MEDICAL COUNCIL COMMITTEE & ORS. ..... Respondents
Through: Mr. Kirtiman Singh, CGSC with Mr.
Rohan Anand, Mr. Waize Ali Noor,
Advocates for R-1. With Mr.
Srinivas, DG, MCC.
Mr. Sanjay Dewan and Ms. Nishima
Arora, Advocates for R-2.
(M:9953221778)
Mr. T. Singhdev and Mr. Ahijit
Chakravarty, Adocate for R-4.
Mr. G. Prakash, Standing Counsel for
Kerala.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
CM APPL.17161/2020 (exemption from filing court fee and attested
affidavits)
1. This is an application seeking exemption from filing court fee and
duly attested affidavits. Binding the deponent of the affidavit to the contents
of the application, the exemption is granted. Insofar as the court fee is
concerned, the same be deposited within one week. Application is disposed
of. Registry to submit a report in case the court fees is not filed after a
month.
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Signing Date:25.08.2020 22:34
W.P.(C) 4755/2020 & CM APPLs.17160/2020 (for stay)
2. This hearing has been held through video conferencing.
3. The Petitioner is a qualified doctor who finished his M.B.B.S. from
Travancore Medical College, Kollam, which is affiliated to the Kerala
University of Health Sciences. He has filed the present writ petition with a
prayer to preserve his admission at the Maulana Azad Medical College
(hereinafter "MAMC") for MD (Pathology).
4. The Petitioner belongs to the Economically Weaker Section
(hereinafter, "EWS") and holds an EWS certificate from the State of Kerala.
He appeared in the National Eligibility Entrance Test (NEET) examination,
conducted by the National Board of Examination (NBE), on 5th January,
2020. The results of the examination were published on 29th January, 2020
and the Petitioner obtained rank No.35948.
5. As per procedure, the Petitioner had to register himself for
counselling for various quotas. The counselling is conducted by the Medical
Counseling Committee (hereinafter, "MCC"). For the said purpose, he
registered himself with the MCC. In the registration form, he applied for the
All India Quota, Central Inst. Quota and the Delhi University Quota.
6. The Petitioner was initially allotted a seat in MD (Community Health)
at the National Institute of Community Health, New Delhi in the first round
of counselling. He, however, did not take up the same and awaited the
second round of counselling. In the second round of counselling, it is the
Petitioner's case that he was not allotted any seat, however in the mop-up
round, he was allotted a seat for MD (Pathology) in MAMC. He received an
e-mail on 25th July, 2020 asking him to report to MAMC along with all the
necessary documents. He thereafter, travelled and reported at MAMC on
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26th July, 2020 and took admission. However, sometime in the evening, after
the admission process was completed, he was informed by the college staff
that he had been wrongfully allotted a seat under the Delhi University Quota
and thus, his admission could not be confirmed. He, thereafter, visited the
office of the Registrar, MAMC but did not get any clarity from him. The
Petitioner even met Dr. B. Srinivas, ADGME, Directorate General of Health
Services, Ministry of Health and Family Welfare in New Delhi and wrote an
e-mail on 27th July, 2020 to MCC, however, there was no clarity.
Accordingly, he preferred the present petition.
7. On 30th July, 2020 ld. counsels for Respondent Nos.1 and 4 were
present on advance notice. On the said date, after taking a prima facie view,
this Court had directed that the seat allotted to the Petitioner would not be
filled in further counselling sessions till the next date of hearing. Thereafter,
the matter has been heard on 19th August, 2020 and today. Replies have been
filed by Respondent No.1 and the Petitioner has filed additional documents.
Respondent No.3 i.e. the University of Delhi (hereinafter, "DU") has also
filed its counter-affidavit. These documents are taken on record.
8. Mr. John Mathew, ld. counsel appearing for the Petitioner submits
that the Petitioner never intended to apply under the Delhi University Quota
without being eligible. He submits that in the initial registration itself, when
he registered with DU, he fairly disclosed the college from where he
completed his M.B.B.S. It is his submission that the MCC and the MAMC
are aware of the college from where he passed his M.B.B.S. Thus, there is
no intention to mislead. He submits that the Petitioner was also allotted a
seat in State Quota in the mop-up round. However, because he had been
allotted a seat in MAMC, he opted not to take admission in the MD
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Psychiatry (PS) programme at Dr. Somervell Memorial CSI Medical
College, Karakonam, Thiruvananthapuram (hereinafter, "SMC") under the
private self-financing category. The last date for him to accept admission in
the said college was 28th July, 2020. Since he had already been allotted
MAMC by then, he had travelled to Delhi and the seat at SMC was forgone
by him.
9. Ld. counsel submits that the authorities owe a duty to the candidates
to verify the information so that confusion is not created in the minds of
candidates who are applying for counselling. He submits that MCC also
knew that the Petitioner had studied from Travancore Medical College,
Kollam, Kerala. Thus, even if the candidate makes a mistake, the authorities
ought to have some re-verification procedure, failing which, the candidates
would be deprived of such valuable seats. Ld. counsel submits that the
Petitioner has obtained a seat in MAMC in a bona fide manner and, in any
event, a student from DU with a lesser rank would be able to take his seat.
Accordingly, he submits that in view of the fact that counselling is
completed, the Petitioner may not be deprived of his seat in MAMC.
10. Ld. counsel for the Petitioner has also relied upon the judgment in
Duddugunta Vishnu Priya v. Directorate General of Health Services &
Anr [W.P. (C) 3636/2020, decided on 3rd July, 2020] to argue that the
Petitioner should not be made to suffer due to a bona fide human error.
11. On behalf of Respondent No.1 - Mr. Kirtiman Singh, ld. CGSC, duly
instructed by Prof. Mr. Srinivas from the MCC, has placed on record the
various forms which were filled by the candidates. Ld. counsel has also
taken the Court through the various stages for filling of the counselling
form. He submits that the candidates are well aware that only those
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candidates who complete their M.B.B.S. from DU are eligible for the Delhi
University Quota. Thus, he submits that the Petitioner was conscious of the
fact that his allotment itself was a mistake in view of the mistaken quota in
which he had applied. It is further submitted that upon seeing the documents
of the Petitioner, when MAMC realised that the Petitioner had completed his
M.B.B.S. from Kerala, he was immediately informed that his admission
cannot be confirmed.
12. On the last date, considering this predicament of the Petitioner, notice
was issued to the State of Kerala. Mr. G. Prakash, ld. standing counsel has
appeared for the State of Kerala and submits that the Petitioner did not make
it in the first few rounds of counseling in Kerala and was only allotted a seat
in the mop-up round. However, since the Petitioner has given up his seat, the
said seat may have reverted to the Medical College itself. Ld. counsel
however submits that if there are any seats available, the State of Kerala
would endeavour to allot a seat to the Petitioner under the private self-
financing category.
13. Heard ld. Counsel for the parties. A perusal of the various documents
filed on record shows that the Petitioner had registered in the counselling
form for the All India Quota/Delhi University Quota/Central Inst. Quota.
This was a clear mistake. There was no doubt about the fact that the
Petitioner ought to have been conscious of the fact that he would not have
been eligible under the Delhi University Quota.
14. As per question No. 57 of the FAQs circulated to all the candidates
prior to registration for counselling, the eligibility criteria for each of the
institutional quotas is set out below. The said FAQ reads as under:-
"Q.No. 57: What will be the eligibility criteria for 50%
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Institutional seats of Central Universities which is being
conducted by DGHS?
Ans: The eligibility conditions of the 50% Institutional Quota of
the Central Universities will be as per the following eligibility
criteria given by the respective institutions. For additional
information please contact the concerned University.
AMU An Institutional (Internal) candidate is
one who has passed the qualifying
examination conducted by THIS
University as a regular student not earlier
than THREE (03) academic years from
the date of admission to the Course
he/she is seeking admission to.
And all other candidates shall he treated
as External.
BHU For Admission to M.D/M.S./M.D.S/ PG
Diploma course 2020 in the faculty of
medicine, candidates who complete their
internship between April 01, 2017 and
March 31, 2020 (both dates inclusive)
shall be considered ,Inernal Candidates.
Further, it is pointed out that for Stray
Vacancy Round, only Institutional (
Internal ) candidates arc eligible to
participate.
Only those Candidates who have passed
MBBS from Institute of Medical
Sciences. BHU in Dccember-2018
(Supplementary Batch by 31.3.2019) and
have completed compulsory rotatory
internship before 31.3.2020 will be
considered for admission to M.D./ M.S.
Course-2020 in IMS, BHU under
internal (Institutional) quota pool,
provided the candidate has appeared and
qualified in NEET -PG 2020
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examination.
Candidates who are already pursuing
M.D./M.S. course in IMS, BHU through
internal (Institutional ) quota OR passed
MBBS from institute of Medical
Sciences, BHU in earlier academic years
(i.e. before December 2018 ) are not
eligible for admission to PG Course-20
20 under BHU internal ( Institutional)
quota.
DU a) For Delhi University Quota :
The candidate must have passed final
M.B.B.S examination (for MD/MS/
Diploma Course) and BDS examination
(for MDS Course) from the University of
Delhi and must have completed
satisfactorily one-year compulsory
rotating internship as on 31.03.2020
and must have submit their internship
completion certificate at the time of
admission.
Central Institutes The eligibility for Central Institutes will
Affiliated to IP be as per admission brochure 2020 -21 of
University Guru Gobind Singh Indraprastha
(ABVIMS, University. For more information please
VMMC,ES IC) refer to their website www.ipu.ac.in .
As per the above, it is clear that in order to avail of a PG seat in Delhi
University Quota, the candidate must have passed his/her final M.B.B.S.
from Delhi University.
15. Insofar as the registration form itself is concerned, unfortunately, the
registration form of the MCC merely asks for the quota in which the
candidate is applying and there is no field available for the candidate to
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mention the college and the University from where he/she has completed
their M.B.B.S. In the absence of such a field, there is a responsibility on the
candidates as also the authorities to ensure that the candidates who apply for
the quota are eligible before allotments are made. This, however, has not
happened in the present case.
16. The Delhi University Quota is available to students who have
completed their M.B.B.S. from DU. The Petitioner is clearly not qualified
for the Delhi University Quota. The Petitioner, at best, was entitled to a seat
in the All India Quota or in the State Quota for Kerala, depending upon his
rank. In the All India Quota, the Petitioner was not allotted any seat owing
to the fact that his rank was beyond 35,000. In the State Quota, he was
allotted a seat in the mop-up round, however, owing to his seat in MAMC,
he gave up the State Quota allotment. The conclusion of this conundrum is
that the Petitioner has not been able to obtain any seat in any medical
college for his post graduate studies. Owing to the fact that the Petitioner
does not satisfy the eligibility for being considered in DU quota, the relief
sought is not tenable.
17. The judgement in Duddugunta Vishnu Priya (supra) is clearly
distinguishable inasmuch as in the said judgment the Court held that the
Petitioner therein had been offered a seat strictly as per her rank. There was
a technical glitch due to which the Petitioner therein was not allotted the
course of her choice. Under such circumstances the Court held that due to
the technical error the Petitioner should not be made to suffer. She was a
high-ranking student to whom the seat was directed to be allotted as per her
rank. However, this is not so in the present case. Clearly, as per the rank of
the Petitioner, the Petitioner would not be entitled to a seat in MAMC.
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18. In addition, this Court is of the opinion that this confusion could have
been averted if there were proper checks in place at different levels of
counselling. The checks ought to have been installed at the time of
registration and prior to allotment in the first round. Since there were no
checks, and partly due to the Petitioner's fault, he has been put in this
situation. The Court while being empathetic with the position in which the
Petitioner currently finds himself, however cannot direct confirmation of his
admission in MAMC under the Delhi University Quota. Accordingly, the
relief sought for, for confirming the Petitioner's admission in MD
(Pathology) in MAMC cannot be granted.
19. However, the additional documents which have been placed on record
clearly show that the Petitioner was allotted a seat in SMC under the private
self-financing quota in MD Psychiatry (PS), which is a seat in a clinical
course. The State of Kerala is represented before this Court. It is submitted
by ld. counsels for parties that the last date of counselling has been extended
to 31st August, 2020. Owing to the predicament of the Petitioner and the
peculiar facts of this case, the State of Kerala shall allot any unfilled seat to
the Petitioner in a post graduate medical course to enable him to take
admission on or before 31st August, 2020.
20. For the future, in order to avoid a situation as has arisen in the present
case, the following directions are passed:-
(i) At the time of registration for counselling there shall be a
specific field which candidates would be required to fill up with
details of the college and the University from where they have
completed their M.B.B.S. course.
(ii) Upon the said field being incorporated, the system should be
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designed in such a manner that only those quotas for which the
candidates are eligible would be made available to the candidates. For
example, if the candidate has completed the M.B.B.S. course from
Kerala and the name of the college is filed up along with the name of
the University, the Delhi University quota should not be made
available to such a candidate. This would ensure that the complexity
created due to the presence of various quotas in counselling is
eliminated. This would also ensure that candidates are not put through
gruelling circumstances in the course of the counselling, which takes
place over a period of three to four months every year.
(iii) After registration, prior to allotment of seats, the data submitted
by candidates shall be cross-verified with the data available with
MCC so that wrong allotments are not made.
21. Mr. G. Prakash, ld. counsel shall communicate this order today itself
so that the Petitioner can be allotted any vacant seat within the State of
Kerala under the State Quota.
22. With these observations, the present petition and all pending
applications are disposed of. This order is passed in the peculiar facts of this
case and shall not be treated as a precedent.
PRATHIBA M. SINGH
JUDGE
AUGUST 25, 2020
dj/T
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