PRIYA GUPTA versus STATE OF CHHATISHGARH & ORS

Citation: [2012] 5 S.C.R. 768 · Decided: 08-05-2012 · Supreme Court of India · Bench: A.K. PATNAIK · Disposal: Disposed off

Cited by 8 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2012] 5 S.C.R. 768 
PRIYA GUPTA 
v. 
STATE OF CHHATISHGARH & ORS. 
(Civil Appeal No. 4318 of 2012) 
MAY 08, 2012 
[A.K. PATNAIK AND SWATANTER KUMAR, JJ.] 
EDUCA TIONIEDUCA TIONAL INSTITUTIONS: 
c 
Medical and Dental College - Admission to MBBS 
course - Tampering with the schedule specified under the 
Regulations and judgments of the Supreme Court with clear 
intent to grant admission to less meritorious candidates over 
and above candidates of higher merit - Held: Adherence to 
0 the principle of merit, compliance with the prescribed schedule, 
refraining from mid stream admission and adoption of 
admission process that is transparent, non-exploitative and 
fair are mandatory requirements of the entire scheme - From 
time to time, Supreme Court has given directions in relation 
E to the manner of announcement of details, results and 
counseling for admission and its publication in newspaper -
Schedules prescribed have the force of law in as much as they 
form part of the judgments of Supreme Court - No authority 
whether Medical Council of India, Government of India, State 
Government, University or selection bodies constituted at the 
F college level for allotment of seat by way of counseling are 
vested with the power of relaxing, varying or disturbing the 
time schedule or the procedure of admission - There have 
been irregularities in maintaining the prescribed Schedule 
and that the fast few days of the declared schedule are 
G primarily being utilized in an exploitative manner on account 
of charging higher fees for securing admission and thereby 
defeating the principle of admission on merit - Adverse 
consequences of non-adherence to the time schedule stated 
and directions issued - In the instant appeal, two vacant seats 
H 
768 
PRIYA GUPTA v. STATE OF CHHATISHGARH & ORS. 769 
were available on 30th September, 2006 - Appellants were 
A 
given admission on 30th September without effecting due 
publicity - State Government cancelled their admission on the 
ground that it was arbitrary and based on favouritism - High 
Court rightly dismissed the writ petition by appellants - There 
was nothing on record to show that all the candidates were 
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informed of counseling on the last day - Appellants were 
stated to have been present in college and were given 
admission - Appellant no.2 was daughter of Director of 
medical education - From 23rd April 2006 to 29th September 
2006, no record to show efforts to fill up vacant seats - Out of c 
favouritism and arbitrariness, the appellants were given 
admission by completing the entire admission process within 
few hours on 30th September, 2006 - The entire exercise 
smacked of arbitrariness, unfairness and is discriminatory -
On peculiar facts and circumstances, though there is no legal 0 
infirmity in judgment under appeal, but since by virtue of 
interim orders, the appellants had completed four years of 
studies during the High Cou11 decision, in order to do 
complete justice within the ambit of Article 142 of the 
Constitution, the appellants permitted to complete their E 
professional courses subject to the condition that each one 
of them pay a sum of Rs.5 lakhs to college, which amount 
shall be utilized for developing th19 infrastructure in the college 
- Initiation of proceedings directed under the Contempt of 
Courts Act against various authorities - Report of the 
Committee constituted to look into irregularity in admission 
F 
to the effect that the admission to appellants was on State 
PMT merit was a mere eye-was/1 rather than a proper report 
upon examining the entire matter in its proper perspective -
Committee acted in undue haste, in violation of the prescribed 
procedure of admission and certainly contrary to the 
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judgments of Supreme Court - Constitution of India, 1950 -
Articles 141, 142 - Costs. 
Recognition granted to medical or dental college priori 
after 15th July of each year - Effect of 
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770 
SUPREME COURT REPORTS 
[2012] 5 S.C.R. 
A 
The appellants had appeared in the Pre-Medical Test 
conducted by the State of Chhattisgarh for the academic 
year 2006. The results were declared in July 2006. 
Appellant No.1 secured general rank 1614 while appellant 
No.2 secured general rank 3893 and SC rank 396. The 
B first counseling was held on 21-22nd July, 2006 but at 
that time, the .Jagdalpur College was not given 
permission to commence admission to the MBBS course. 
The counseling was conducted for medical colleges at 
Raipur and Bil

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