MRIDUL DHAR (MINOR) AND ANR. versus UNION OF INDIA AND ORS.

Citation: [2005] 1 S.C.R. 380 · Decided: 12-01-2005 · Supreme Court of India · Bench: Y.K. SABHARWAL

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
MRIDUL DHAR (MINOR) AND ANR. 
v. 
UNION OF INDIA AND ORS. 
JANUARY 12, 2005 
B 
[Y.K. SABHARWAL, D.M. DHARMADHIKARI AND TARUN 
CHATTERJEE, JJ.) 
·Education: 
C 
MBBSIBDS Courses-Admission to-Streamlining of-All India Quota 
-Non adherence to the time schedule for completion of admission process-
Challenge to-Held: Timely action for entrance examination, declaration of 
results and availability of mark sheets by CBSE and other education Boards 
is of paramount importance for effective utilization of All India Quota of 
medical and dental seats so that everyone has equal opportunity-State, 
D Universities, Medical Colleges cannot deny total impartiality in the matter of 
admission to professional colleges as seats are limited and system should be 
so worked out that no meritorious student is left out-Declaration of result 
and counseling for filling State quota should precede counseling for All India 
quota so that those accommodated in the former may not have to run to Delhi 
E from far off places-All concerned must observe norms issued by Supreme 
Court from time to time-Officers who neglect or cause delay deserve 
punishment-Ombudsman needed for efficient working of the system-
Directions issued-Constitution of India. Arts. 14, 19. 
Non-adherence of time schedule for completion of admission process-
F Seats for All India Quota reverting to State Quota-Practice deprecated. 
A Writ petition was filed on 10th July, 2004 by two students through 
their father, apprehending that they may be deprived of seat in All India 
Quota despite having achieved meritorious marks in All India Entrance 
Examination as many States had not complied with the time schedule for 
G completion of the admission process and had not given full information 
to DGHS besides not taking into consideration many seats while working 
out 15% All India Quota. In absence of the requisite correct information, 
meritorious students looking for admission in this category on the basis 
of August, 2004 wherein directions were passed requiring State 
Government, DGHS, Ministry of Health, Medical Council of India to file 
H 
380 
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MRIDUL DHAR v. U.0.1. 
381 
affidavits giving the reasons for delay. 
A 
On 9th Aug11st, 2004, directions were given to various States to 
complete the first counseling of the State quota by 20th August and 
thereafter to intimate to the DGHS the seats of All India 15% that may 
become available as a result of such counseling. It was further directed B 
that All India 15% quota would not revert back to the State quota till 
further orders, despite the fact that the second counseling of the All India 
15% quota may have been already over, its last dai ~ bdng 8th August 
2004. On 3 lst August 2004, it was noticed that many colleges had not 
supplied the requisite information. On 1st September, 2004 Court 
permitted a limited continuation of the second counseling to only those, C 
as per merit, who have not already been admitted in MBBS/BDS Course 
in any of the Government Medical College in the country. 
The aforesaid direction did not undo injustice to all the students 
because only limited counseling was permitted but it was necessary to 
adopt that course in larger interests of students and medical education as D 
by reopening the entire counseling, there would have been considerable 
amount of delay in commencement of course in various colleges. 
Having regard to the utter chaos and confusion mainly on account 
of non-adherence of the time schedule, parties were permitted to file E 
suggestions so that directions could be issued to streamline admissions 
from the next year. 
Issuing certain directions, the Court 
HELD: 1.1. Despite various d~cisions of this Court and laying down F 
of time schedule for completion of admission process, the time schedule 
has not been adhered to at various stages by various authorities resulting 
in otherwise avoidable discontentment and hardship to the candidates. The 
observance of the time schedule is paramount for effective utilization to 
All India Quota of medical and dental seats. The denial of a seat in college G 
of choice on the basis of one's merit position leads to frustration and results 
in injustice to the young students. The omission and commission in respect 
of admissions adversely affected the career of meritorious students in their 
not getting admission in the college of their choice. Any frnstration and 
feeling of injustice at an impressionable age at which the

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