LexANEESH D. LAWANDE & OTHERS versus THE STATE OF GOA AND OTHERS
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[2013] 17 S.C.R. 55 ANEESH D. LAWANDE & OTHERS v. THE STATE OF GOA AND OTHERS (Writ Petition (C) No. 598 of 2013) AUGUST 30, 2013 [ANIL R. DAVE AND DIPAK MISRA, JJ.] A B Education - Admission - Post Graduate Medical and dental courses - Abademic year 2013-14 - Students were C admitted in the Government Medical/dental College on basis of ranks secured in the National Eligibility-cum-Entrance Test (NEET) - Supreme Court struck down as ultra vires the NEET, however, held that the admissions already made on the basis of the NEET would be protected - Subsequently, however, the D State Government passed order canceling the NEET admissions and admitted students on the basis of the 2004 .admission rules - Students admitted through the NEET then filed the present writ petition - Held: The present litiga.tion exposits a very sad scenario - The admissions given on the E basis of NEET examination had been protected by the Supreme Court and hence, their admissions could not have been cancelled by the State Government - The act of State Government indubitably shows total lack of prudence - Writ F petitioners directed to be allowed to prosecute their studies - However, anguish of the students admitted on the basis of the 2004 Rules also addressed - Direction issued u/Art. 142 of the Constitution that 21 seats transferred from the All India · quota to State quota be filled up from among the students who G took admissions under the 2004 Rules - Prayer for increase of seats for the academic year 2013-14, rejected - Further prayer for adjustment with per:mitted seats of the subsequent year, also rejected - Constitution of India, 1950 - Article 142. 55 H 56 SUPREME COURT REPORTS (2013) 17 S.C.R. A Constitution of India, 1950 - Articles 144 and 141 - Public authority - Duty of the Government to follow the law and the pronouncements of the Court - On facts, the authorities of the State Government played possum and proceeded to crucify the fate of the candidates who had been B protected by the verdict of. the Supreme Court -Such action was absolutely impermissible. The Government medical/dental college in question was affiliated to the Goa University and governed by the C Goa (Rules for admission to Postgraduate degree and diploma courses of the Goa University at the Goa Medical College) Rules, 2004. On 9.8.2012, the Government of Goa granted approval for implementation of the Medical Council of India's Notification on the National Eligibility· o cum-Entrance Test (NEET) for medical and dental courses from the Academic Year 2013-14. The introduction of NEET was made by issue of a notification by the Medical Council of India. The said notification as well as the notification issued by the E Dental Council of India came to be challenged before the Supreme Court in Christian Me~ical College Ve/lore case. The Supreme Court vide order dated 13-12-2012 permitted the Medical Council of India, the Dental Council F of India, as well as the States and Universities and other institutions, to conduct NEET examination, but with a direction not to declare the results of the same, until further orders. NEET examination was conducted for the medical as well as dental courses. On 13-5-2013 this G Court modified its order of 13·12-2012, and allowed the results of the examinations already conducted to .be declared to enable the students to take advantage of the same for the current year. The results of NEET were subsequently declared. On H the basis of th.e ranks in NEET examination and the ANEESH D. LAWANDE v. THE STATE OF GOA .. 57 counseling, the writ petitioners herein were admitted in A the Government Medical College at Goa. Meanwhile, the -High Court entertained a writ petition filed by the students, who had failed to qualify in the NEET examination but were eligible to get admission on the basis of their aggregate marks as provided under the B 2004 Rules, and passed interim order dated 20-6-2013, directing that counselling be held in respect of both the categories of students. The Supreme Court on 18.7.2013 finally decided per C majority that the Medical Council of India is not ' empowered under the Medical Council of India Act, 1956 to conduct the NEET, and thereafter quashed the impugned Notifications published by the Medical Council of India along with Notification published by the Dental o Council of India, however, did not invalidate the admissions alread
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