LexRAJAN PUROHIT & ORS. versus RAJASTHAN UNIVERSITY OF HEALTH SCIENCE & ORS.
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[2012] 11 S.C.R. 299 RAJAN PUROHIT & ORS. v. RAJASTHAN UNIVERSITY OF HEALTH SCIENCE & ORS. (Civil Appeal No. 8142 of 2011 Etc.) AUGUST 30, 2012 [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Education/Educational Institutions: A B Admission - In Private unaided Medical College - State c Government decision to fill 85% of the MBBS seats through State Pre-Medical Test 2008 (RPMT-2008) - No agreement with the College to give admission on the basis of RPMT- 2008 - College filling 117of150 seats [i.e. 16 seats through PCPMT (exam conducted by Private Medical and Dental 0 colleges of the State) and 101 seats on the basis of 10+2 exam] - The admission challenged by RPMT-2008 wait list candidates claiming admission against 85% seats - Single Judge of the High Court setting aside the admission directing the college to fill up the seats by candidates in the RPMT- 2008 - Division Bench of the High Court upholding the order E of Single Judge - On appeal, held: There was no agreement by the college to admit on the basis of RPMT-2008 - The college could not have been directed to fill up its seats through RPMT-2008 - But the admission of 117 students was contrary to clause (2) of Regulation 5 of MCI Regulations - It F was also not within the right of the College, under Article 19(1)(g) of Constitution as explained in *TMA Pai and **P. A lnamdar cases - Since the candidates admitted by the college were not at fault, in exercise of power u/Art. 142 of Constitution, direction not to disturb their admission - G Direction is subject to the condition that the candidate would pay a sum of Rs. 3 lakhs - Penalty imposed on the College to surrender its 107 seats to State Government phase-wise not more than 10 seats in any academic year - Regulations 299 H 300 SUPREME COURT REPORTS [2012] 11 S.C.R. A on Graduate Medical Education, 1997 - Regulation 5(2) - Constitution of India, 1950 - Articles 19(1)(g) and 142. Admission - In Medical College - College entering into consensual arrangement with State Government to fill 85% of 8 MBBS seats by the students allocated by competent authority - Filling the 85% seats in two rounds of counselling from allocated students - Residual 21 seats filled by college on its own (15 through Pre-Medical Test and 6 on the basis of 10+2 examination) - In another case Pre-Medical Test C Candidates in waiting list challenging filling up of the above- mentioned 6 seats wherein High Court did not disturb the admission of the 6 students and also directed admission to the petitioners therein - 21 students not allowed to appear in exam - Present writ petition by the 21 students - Single Judge of the High Court allowing petition of 15 students who were D admitted through Pre-Medical Test - But dismissing the petition of 6 students in view of order of Medical Council of India discharging the 6 students from the course - Order confirmed by Division Bench of High Court - On appeal, held: The Admission of the 6 students were in violation of E Regulation 5(2) of MCI Regulations - Regulation 5(1) is not applicable to State of Rajasthan because this State has many Boards/Universities/Examining Body - The present petition was also not barred by principle of res-judicata as the issue in the present petition was not the issue in the previous F petition - However, invoking powers under Article 142 of the Constitution, admission to 6 students not disturbed subject to the condition that they would pay Rs. 3 lakhs - Penalty imposed on the college to surrender the 6 seats to the State Government - Regulations on Graduate Medical Education, G 1997 - Regulations 5(1) and (2) - Code of Civil Procedure, 1908 - s. 11 - Principle of Res Judicata - Constitution of India, 1950 - Article 142. Civil Appeal Nos. 8142, 8143 and 8144 of 2011: H The medical college in question was a private RAJAN PUROHIT v. RAJASTHAN UNIVERSITY OF 301 HEALTH SCIENCE unaided non-minority college. It was yet to receive its A permission from the Government of India and affiliation from the Rajasthan University of Medical Sciences. Pursuant to a meeting regarding conducting of common entrance test for admission to Medical and Dental Colleges in the State of Rajasthan for the academic year B 2008-2009, the college Chairman and Managing Trustee gave a written undertaking that the college would admit the students to the MBBS course only after getting permission from the authorities concerned. Th
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