Madhya Pradesh High Court
Dr. Pooja Sahu vs The State Of Madhya Pradesh on 29 March, 2022
Author: Sujoy Paul
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W.P. No.6695 of 2022
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR
BEFORE
SHRI JUSTICE SUJOY PAUL
&
SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 29th MARCH, 2022
WRIT PETITION No.6695 of 2022
BETWEEN :-
Dr. Pooja Sahu D/o-Shri
Rajesh Sahu, Aged about 24
years Occuptation-Student,
R/o-747, Marhatal,
Jabalpur(M.P.)
........Petitioner
(By Mr. Samdarshi Tiwari, Advocate.)
AND
1. State of Madhya Pradesh
Through the Principal
Secretary, Medical Education
Department, Mantralaya,
Vallabh Bhavan, Bhopal,
(M.P.).
2. The Director of Medical
Education, Government of
Madhya Pradesh, 6th Floor,
Satpura Bhavan, Bhopal,
(M.P.)
3. The Counselling Committee
for the PG Admissions,
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W.P. No.6695 of 2022
through the Chairman, 6th
Floor, Satpura Bhavan,
Bhopal (M.P.)
......Respondents
(By Mrs. Janhavi Pandit, Deputy Advocate General)
Whether approved for reporting YES
Law Laid down :- 1. Admission Rules 2018 :-
'Registration':- The definition is
amended in the year 2019. As per
amended definition, r/w Rule 17 (3), the
petitioner an OBC candidate is entitled
to register herself afresh in UR-NRI
quota in view of notice of the Central
Government dated 14.3.2022.
2. Rule 17 (3) of Admission Rules
and Registration of Candidate:-
Ordinarily, Registration once made
cannot be altered, modified etc.
However, Rule 17 (3) gives statutory
recognition to the orders of various
authorities including Central
Government. The Central Government
pursuant to lowering down of percentile
of certain categories in NEET 2021
examination, decided to permit the
candidates to register themselves afresh
by changing the choice of nationality.
3. Central Government notice dated
12.3.2022 and 14.9.2022 There is
nothing on record to suggest that said
notices are applicable only to All India
Seats and not to the State quota seats.
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W.P. No.6695 of 2022
Thus, directions were issued to permit
the petitioner to register herself afresh
in the changed circumstance.
4. Statutory Rules and Administrative
Instructions :- Law is well settled that
the statutory rules prevails over the
administrative instructions. However, in
the Admission Rules of 2018, the
statutory recognition is given to the
various orders/instructions passed by
authorities. Thus, said principle is of no
assistance to the Government.
5. Law of Precedent :- A singular
different fact may change precedential
value of the judgment. The Indore
Bench in two matters applied
unamended Rule 6 in the factual matrix
of those cases. In those cases, the
important fact of lowering down of
percentile in NEET 2021 Examination
and consequential directions/notices of
the Central Government were not there.
Hence, the said judgments of Indore
Bench cannot be pressed into service.
O R D E R (Oral)
Sujoy Paul, J.:-
The interesting conundrum in this case is whether the petitioner
who registered herself as Other Backward Class (OBC) candidate on
9.3.2022 can get the benefit of fresh registration as Non Resident Indian
W.P. No.6695 of 2022
(NRI) in view of lowering down the percentage in different categories
pursuant to the notices of Government of India dated 12.3.2022 and
14.3.2022 (Annexure P/6) ?
2. Draped in brevity, the admitted facts between the parties are that
NEET Examination is conducted at All India Level. The petitioner did not
register herself in the first and second round of counselling. She got
herself registered thereafter on 9.3.2022 in OBC category and she secured
281 marks.
3. The pivotal document which has given rise to hope to the petitioner
and resulted into this litigation is the notice issued by Central Government
dated 14th March, 2022 (Annexure P/6). It is mentioned in the notice that
in view of candidates who have become eligible after reduction of
percentile and want to get their nationality converted from Indian to NRI
for Mop-Up round of P.G. Counselling may remain in touch with MCC
Website for further course of action.
4. Shri Samdarshi Tiwari, learned counsel for the petitioner submits
that when petitioner registered herself on 9.3.2022 as OBC candidates, the
cut-off marks for NRI was more than 300 (which fact remained
undisputed in view of specific instructions received by learned Deputy
Advocate General). Shri Samdarshi Tiwari, learned counsel for the
W.P. No.6695 of 2022
petitioner urged that notice dated 12th March, 2022 issued by Government
shows that it is applicable to 'all applicants/candidates' for NEET- PG
2021. This includes the candidates of State Quota. Another document of
same date (Annexure P/5) is relied upon wherein it is mentioned that
Mop-Up round of PG Counselling 2021 was postponed in order to
facilitate 'freshly eligible candidates' who became eligible after lowering
of percentile to do fresh registration and exercise of choice filling. The
prescribed form appended to notice dated 14.3.2022 (Annexure P/6) is
referred which includes a declaration that if category is converted from
Indian to NRI, the candidate will not be able to avail the benefit available
to other quotas including religious minority quotas. In furtherance of
decision dated 14.3.2022 (Annexure P/6), the conversion list from Indian
to NRI is drawn by the Central Government (Annexure P/7) which
includes the name of petitioner at item No.316. The notice dated
14.3.2022 is pressed into service to bolster the submission that the
documents earlier sent have to be treated as 'null and void'. Thus, fresh
registration was ordered by Director Medical Education (hereinafter
referred to as 'DME') M.P. on 16.3.2022 but the notice of Central
Government dated 14.3.2022 is not mentioned therein. Shri Samdarshi
Tiwari, learned counsel for the petitioner further submits that petitioner by
communication dated 17th March, 2022 (Annexure P/10) expressed her
W.P. No.6695 of 2022
desire to change her category from OBC to UR-NRI category. Since
respondents have not permitted her to change the category, the present
petition is filed. The request was made by the petitioner to open the portal
so that petitioner can change her category.
5. Ms. Jahnvi Pandit, learned Deputy Advocate General resisted the
prayer of the petitioner by contending that a minute reading of notice
dated 14-03-2022 (Annexure P/6) shows that it is applicable to All India
Quota because candidates were advised to remain in touch with the MCC
Website i.e. Website of the Central Government. Thus, notice dated 14-
03-2022 is confined to All India seats and cannot be extended in favour of
petitioner relating to State Quota seats. The notice dated 18-12-
2021(Annexure R/1) is relied upon to contend that it is applicable to All
India Counselling.
6. The next submission of the learned Deputy Advocate General for
the State is that as per Rule 6 of Admission Rules of 2018 (Admission
Rules), which are statutory in nature, once registration is made, it cannot
be altered, modified or changed. The petitioner after having registered
herself in OBC category on 09.3.2022, cannot seek alteration or
permission to register herself afresh.
W.P. No.6695 of 2022
7. The definition of 'fjfDr;kaWa' (vacancies) and 'counselling' is referred
to. It is submitted that 'counselling' is different than the 'registration'.
The process of registration is spelt out in Rule 6. Rule 6 completely
prohibits the petitioner to travel from OBC to NRI category.
8. Learned Deputy Advocate General placed reliance on the orders of
this Court passed in WP No. 18699/2020 (Arushi Mahant and others
Vs. State of M.P.) decided on 15-12-2020. Learned Deputy Advocate
General submits that this Court after considering Rule 6 of Admission
Rules, made it clear that change is impermissible. For the same purpose,
recent order of Indore Bench passed in WP No. 2309/2022 (Purva Balke
Vs. State of M.P. and another) (Annexure R/4) is relied upon.
9. In nutshell, learned Deputy Advocate General submits that the basic
notice dated 14-03-2022 is applicable to All India Quota seats and the
petitioner after registering herself on 09-03-2022, cannot take advantage
of fresh registration.
10. The stand of respondents is that constitutionality of Admission
Rules is not in question in this petition. If rules are read as such, petitioner
cannot be permitted to get fresh registration. If such a relief is accepted, it
will have an effect of giving weightage to petitioner at the cost of more
meritorious candidate. It will be a bad precedent for future.
W.P. No.6695 of 2022
11. Parties confined their arguments to the extent indicated above.
12. We have bestowed our anxious consideration on rival contentions
and perused the record.
13. During the course of arguments, learned counsel for the parties
fairly submitted that Admission Rules of 2018 were amended on
19.06.2019 and a new rule relating to registration, namely Rule 6 became
part of the statute book. It is apposite the quote the said rule.
**6 iath;u & p;u ijh{kk esa mRrh.kZ vH;FkhZ dks iksVZy ij
vko';d tkudkjh nsrs gq;s dkamflfyax ds izFke pj.k ls iwoZ
fofufnZ"V] le;& lhek ds Hkhrj iath;u djkuk gksxk] vH;FkhZ dks
iath;u ds fy, vko';d leLr tkudkjh iksVZy ij iath;u ds
izi= esa miyC/k djkuk gksxk] tkudkjh viw.kZ gksus dh n'kk esa
iath;u ugha gks ldsxk] iath;u i'pkr iath;u esa nh xbZ tkudkjh
esa ifjorZu] la'kks/ku vFkok vfrfjDr tkudkjh iznk; vFkok Lohdkj
ugha dh tk,xh] f}rh; pj.k ds i'pkr~ ,oa dkmaflfyax ds
vafre pj.k ¼ekiW vi pj.k½ ls iwoZ iath;u iqu% [kksyk
tk;sxk ftlesa iwoZ esa iath;u djk;s x;s vH;fFkZ;ksa dks
NksM+dj vU; vH;FkhZ Hkh iath;u dj ldsaxsA**
(Emphasis Supplied)
14. After Rule 17(2), sub-rule 3 was added, which reads as under:-
**11- fu;e 17 ds mi fu;e¼2½ ds i'pkr~ fuEufyf[kr mifu;e
LFkkfir fd;k tk,] vFkkZr~ %&
¼3½ dkmaflfyax izfdz;k ekuuh; loksZPp U;k;ky;] mPp U;k;ky;]
Hkkjrh; vk;qfoZKku ifj"kn ¼,e-lh-vkbZ-½ ds vf/kdze.k esa 'kklh
cksMZ] Hkkjrh; nar ifj"kn ¼Mh-lh-vkbZ-½ ,ao Hkkjr ljdkj }kjk
le; & le; ij tkjh vkns'kksa ds v/khu gksxhA**
W.P. No.6695 of 2022
15. Before dealing with the impact of the Rules, it is apt to consider
various notices on which reliance is placed by learned counsel for the
parties. The notice dated 12.03.2022, in no uncertain terms, makes it clear
that it relates to 'Revised Cut-off Scores' for NEET-PG 2021. Thus, it is
crystal clear that the notice was for the entire NEET examination
irrespective of State or All India Quota seats. The attention in the notice
was particularly drawn to "all applicant/candidates" for NEET-PG 2021.
Alongwith this notice, yet another notice dated 12.03.2022 was issued by
Central Government whereby it was made clear that previous Mop-Up
round of PG counselling, 2021 was postponed in order to facilitate freshly
eligible candidates, who became eligible after lowering of percentile to
do fresh registration and exercise of choice filling.
16. Indisputably, the petitioner received less marks (281) than the initial
cut-off marks fixed for UR-NRI candidate i.e. 302 marks. The cut-off
marks for UR-NRI candidates were reduced upto 247. Since petitioner
was not earlier eligible to register herself as NRI candidate on 09.03.2022
and became eligible only when the notice dated 12.03.2022 was issued,
she requested for opening the portal for fresh registration.
17. The Central Government by notice dated 14.03.2022 stated as
under:-
W.P. No.6695 of 2022
"N O T I C E
Kind Attention: Candidates who have become eligible
after reduction of percentile and want to get their
nationality converted from Indian to NRI for Mop Up
Round of PG Counselling 2021.
It is for the information to those candidates who
have become eligible to participate in PG counselling
after reduction of percentile and who are claiming to be
NRI as per the directions/orders of Hon'ble Supreme
Court of India in the case (W.P. (C) No.689/2017-
Consortium of Deemed universities in Karnataka
(CODEUNIK) & Anr. Vs. Union of India & Ors.) dated
22.08.2017 (Copy enclosed), such candidates should
send their relevant documents as mentioned below, in
support of their claim to change nationality from Indian
to NRI through e-mail [email protected] from
01:00 PM of 14th March, 2022 (Monday) till 06:00 PM
of 15th March, 2022 (Tuesday). All such candidates are
advised to be in touch with the MCC website
(www.mcc.nic.in) for further course of action. Mails
received before/ after the stipulated time will not be
considered. Candidates are advised to send all
documents enclosed in single mail only, within
stipulated time."
18. Another notice of same date Annexure P-8 is noteworthy which
facilitates freshly eligible candidates for conversion of nationality from
Indian to NRI. It is made clear that previously sent documents will be
treated as 'Null & Void'. The State Government although issued
directions dated 16.03.2022 (Annexure P-9), the said direction does not
contain any reference about the Central Government's notice dated
14.03.2022. It is relevant to reproduce the same :-
W.P. No.6695 of 2022
"NOTICE REGARDING FRESH REGISTRATION
AND CHOICE FILLING/LOCKING FOR MOP UP
ROUND
MP STATE COMBINED NEET PG
COUNSELLING 2021
In view of lowered qualifying marks as per the
Government of India, DGHS and office of the MCC
letter F.No.U-12021/21/2022-MEC dated 12.03.2022
and NBE candidates shall commence from 17.03.2022
to 22.03.2022 and choice filling 24.03.2022 to
27.03.2022. For details view DME website and MP
Online portal.
Director Medical Education
Madhya Pradesh"
19. On the forehead of this document, it is clearly mentioned about the
facility of 'fresh registration'. However, no reference is made to the
relevant notice of Central Government dated 14.03.2022. The reference is
made only to the previous notice of Central Government dated
12.03.2022. A plain reading of notice dated 12.03.2022 makes it clear
that cut-off score as per qualifying criteria is lowered down. This notice
was followed by other notices including the notices dated 14.03.2022
(Annexure P/6 and P/8). Thus, notice dated 14.03.2022 cannot be read in
isolation or divorced from the context of lowering down of the
percentage. In our opinion, the notice dated 12.03.2022 and the notice
dated 14.03.2022 need to be read together in order to examine the
entitlement of candidate about conversion of nationality for freshly
eligible candidates from Indian to NRI in the Mop-Up round of PG
W.P. No.6695 of 2022
counselling. Thus, we are unable to hold that notice dated 14.03.2022 is
only confined to the All India Seats and does not cover the State Quota
Seats.
20. So far definition of 'registration' is concerned, if it is examined in
juxtaposition to the previous unamended definition of 'registration', it will
be clear that last three lines in the amended definition are added
subsequently. A microscopic reading of this provision makes it clear that
after second round of counselling and before Mop-Up round of
counselling, the registration will be reopened and except previously
registered candidates, other candidates can get themselves registered.
Heavy reliance is placed on this provision by learned Deputy Advocate
General. The argument, on the first blush appears to be attractive but lost
much of its shine when it is read alongwith amended sub-rule 3 of Rule
17. Said sub-rule makes it clear like noon day that during the process of
counselling, the orders passed by the Supreme Court, High Court, MCI,
DCI and Central Government issued from time to time should be taken
care of or in other words, the counselling process should be under the
orders passed by the said authorities. In this backdrop, notices of the
Central Government dated 12.03.2022 and 14.03.2022 cannot vanish in
thin air to the disadvantage of the petitioner. In-fact, the Government of
W.P. No.6695 of 2022
Madhya Pradesh itself issued document dated 16.03.2022 (Annexure P/9)
and provided facility of fresh registration and choice filling to the
candidates as per Central Government's letter dated 12.03.2022. Since,
admittedly petitioner was not eligible to get herself registered as NRI
candidate on 09.03.2022, benefit of subsequent lowering down of
percentage of NRI-UR must be extended in favour of the petitioner. A
conjoint reading of definition of 'Registration' and sub-rule 3 of Rule 17
makes it clear that this course is indeed permissible. Moreso, when earlier
documentation done by the candidate is held to be 'null and void' as per
notice dated 14.3.2022 (Annexure P/8). Thus, the argument that the rule
prohibits the petitioner from fresh Registration is devoid of substance. The
another argument that executive instructions issued by Central
Government cannot prevail over the rules, cannot cut any ice in view of
statutory recognition given to those administrative orders in sub-rule 3 of
Rule 17.
21. So far argument of Mrs. Pandit, Deputy Advocate General about
undeserving benefit to petitioner at the cost of merit of other candidates is
concerned, suffice it to say that the petitioner pursuant to fresh registration
as NRI-UR candidate will compete with the candidates of that category
only. Such competition will be on merits i.e. based on the mark secured.
W.P. No.6695 of 2022
This, by no stretch of imagination will result into depriving or defeating a
more meritorious candidate. Thus, there is no rationality in the action of
respondents in not permitting the petitioner to convert her nationality from
Indian to NRI.
22. In this view of the matter, the orders passed by Indore Bench in
Aarushi Mahant and Purva Balke (supra) cannot be pressed into
service. In the said cases, there was no such event of lowering down of
percentage of any category and consequential decision of the Government
to permit the eligible candidates for fresh registration pursuant to such
lowering down of the percentage. This is trite that a different singular fact
of subsequent case can change the precedential value of a previous
judgment. [See:- Bhavnagar University Vs. Palitana Sugar Mills
(P)Ltd. and others 2003 (2) SCC 111]
23. In view of foregoing analysis, we are unable to persuade ourselves
with the line of argument advanced by the respondents. The petitioner, in
our considered opinion, is entitled to get herself registered afresh under
UR-NRI quota as per the decision of the Central Government. Since
pursuant to the interim order passed by this court on 22.03.2022, the
petitioner has already been provisionally permitted to register herself as
W.P. No.6695 of 2022
UR-NRI quota, the said registration shall now be treated as final and the
respondents shall proceed from that stage in accordance with law.
24. Petition is allowed. No cost.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
Ahd
Signature Not Verified
SAN
Digitally signed by MOHD AHMAD
Date: 2022.03.30 14:54:13 IST
