ASHISH RANJAN AND ORS. versus UNION OF INDIA AND OTHERS

Citation: [2017] 4 S.C.R. 69 · Decided: 09-06-2017 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: IA disposed
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Judgment (excerpt)

. [2017] 4 S.C.R. 69 .. 
ASHISH RANJAN AND ORS. 
·A 
v. 
UNION OF INDIA AND OTHERS 
·(I.A. No. 44513 of2017) 
KATIHAR MEDICAL COLLEGE 
... APPLICANT 
B 
with 
. 
.. . 
· (I.A. No. 44508 of2017) 
·MATA GUJRI MEMORIAL MEDICAL 
COLLEGE & LIONS SEVA KENDRA HOSPITAL 
KISHANGANJ 
... APPLICANT 
c. 
with 
(I.A. No. 45886 of2017) 
' STATE OF BIHAR 
.. 
. ll1 
(Writ Petition (Civil) No. 76 of2015) 
JUNE09,2017 
... APPLICANT 
(ASHOK BHUSHAN AND. DEEPAK GUPTA, JJ.] 
D 
Education/Educational institutions: 
E 
Medical admissions - Grant of relaxation in time schedule 
for admission -_Applications by Private Medical College-applicants. · 
seeking direction to State of Bihar via BCECEBoard to hold afresh 
counselling for the seats available in the Applicants' Colleges which 
could not be filled up due to haphazard and arbitrary counsellings 
F 
conducted by the J)oard and thai the last date for-PG Course in 
Medical Colleges may be relaxed and extended - H--eld: Time 
schedule framed. by the Medical Council of India as approved by· 
· this Court itself indiCates that proper care was. takefl"in fixing the 
time schedule giving sujfident tiille for filling Up Se(ltS which could 
not be filled up by the first, second and MOP-up counselling~ Said 
G 
. schedules have to be adhered to and normally this Court is reluctant 
'to grant relaxation in time schedule - However, when first and 
· second rounds of counselling were completed on 30.05.2017, after 
cancelling of earlier counsellings, there was no time schedule to 
. 69 . 
70 
A 
B 
c 
SUPREME COURT REPORTS · 
· [2017) 4 S.C.R. 
take step.Y forfilling up vacant seats of Gover11me11t Medical 
Colleges and Private Medical Colleges - Jn view thereof, the State 
was right in asking for giving further time .to take steps to fill tp the 
vacant seats in PG Degree Courses and Diploma Courses - Thus; 
time extended for completing the admission process by 15. 06.2017 
by holding an extended counselling by the Board - Eligibility 
confined to those students only who were invited in the last 
counselling and could not.take admission. 
State. of Maharashtra & O~s. v. D1: D. Y. Patil Vidyapeeth 
& Ors. 2016 (9) SCC 40i : 2016 (9) SCALE 404; State 
of Haryana and another etc.etc. v. Di: Narender Soni 
and others etc.etc. C. A. Nos. 8179-8181 of 2017 dt. 
25.5.2017 - referred to. 
Case Law Reference 
2016 (~) sec 401 
referred to 
Para 11 
D 
CIVIL ORIGINAL JURISDICTION: I.A. No. 44513 of 2017 
E 
WITH 
I.A. No. 44508 of 2017 
WITH 
I..A. N,o. 45886of2017 in Writ Petition.(Civil) No. 76of2015. 
Under A11icle 32 of the Constitution oflndia. 
Venkateswara Rao Anumolu, Adv. for the Petitioners. 
S. S. Shamshery, AAG., Ajit Sinha, Salman Khurshid, Sr. Advs., 
F 
Ajay Sharma, Ms. Rekha Pandey, R. K. Rathore, G. S. Makker, Ravi 
Kant, RanjayKumar Pandey, Amit Shanna, Ms. Ruchi Kohli, Ad vs. for 
the Re~pondents. 
G 
H 
The Order of the Court was delivered by 
ASIIOK BHUSIIAN, J, J.. We have heard learned counsel for 
the applicants, Shri Gaurav Sharma, learned counsel appearing for the 
Medical Council oflndia. Shri Ajit Kumar Sinha, learned senior counsel 
appearing for the Union of India and learne~ counsel for the State of 
Bihar. 
ASHISH RANJAN v. UNION OF INDIA AND OTHERS 
[ASHOK BHUSHAN, J.] 
2. I.A.No.44513of2017 has been filed by Katihar Medical College. 
whereas I.A.No.44508of2017 has been filed by another private Medical 
College, namely, Mata Gujri Memorial Medical College and Lions Seva · 
Kendra Hospital Kishanganj. Both the applications have been filed on 
291h May, 2017 praying for direction to State of Bihar via the BCECE 
Board to hold a fresh counselling for the seats available in the Applicants' 
Co lieges which are lying vacarit and could not be filled up due to haphazard 
and arbitrary counsellings conducted by the Board. The Applicants pray 
that the last date for PG Course in Medical Colleges i.e~ 31.05.2017 
may be relaxed and extended in respect· of the vacant seats· in' the· 
Applicants' Institutions. 
3. The State ofBihar filed a reply in the aforesaid two Applications 
and has also filed I.A.No.45886 of 2017 praying for the following 
directions: 
"A. Allow the present application for direction permitting the 
State Authorities an extension of 2 weeks time from the date 
of the order to conduct counselling or any other period that 
this Hon 'ble Court may deem appropriate for completing the 
counseling and admission procedure of abovementioned 
vacant seats in PG Courses as w
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