RISHABH CHOUDHARY versus UNION OF INDIA & ORS.

Citation: [2017] 1 S.C.R. 559 · Decided: 23-01-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Dismissed
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Judgment (excerpt)

[2017] l S.C.R. 559 
RISHABH CHOUDHARY 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 677 of 2016) 
JANUARY 23, 2017 
[MADAN B. LOKUR AND PRAFULLA C. PANT, JJ.] 
Education - Admissions - MBBS Course - Writ petitioner 
granted admission in MBBS by the respondent-Medical College, 
through an examination called CGMAT-2016, in contravention of 
Supreme Court's order dated 11'1' April 2016 directing that admission 
to MBBS course would only be through National Eligibility-cum-
Entrance Test (NEET) - Validity of - Held: Notification dated 21" 
Dec. 2010 issued by the Medical Council of India (MCI) was 
resurrected by Supreme Court's order dated 11'" April 2016, 
recalling its judgment dated 18'" July 2013 in Christian Medical 
College, Vellore's case, implying that admission to MBBS course would 
only be through NEET-I and NEET-II and by no other process of 
admission - Thus, there was absolutely no occasion for the College 
to have conducted the counseling of the petitioner on 19'" April 
2016 i.e. after recall order dated 11'1' April 2016 - Further, the 
examination conducted by the college on 3"1 April, 2016 was also 
in defiance of the schedule prescribed by the MCI (and approved 
by Supreme Court) for holding MBBS entrance examinations -
Therefore, admission granted to petitioner set aside·- Petitioner, a 
victim of maladministration of the College and the State of 
Chhattisgarh and his plight is unfortunate but it cannot be helped -
Constitution of India - Art.32. 
Dismissing the writ petitions, the Court 
HELD: 1.1. By an order dated lllh April 2016 in Medical 
Council of India .v. Christian Medical College, Ve/lore & Ors. a 
bench of five learned judges of this Court recalled the decision 
rendered in *Christian Medical College, Ve/lore & Ors. v. Medical 
Council of India which quashed notification dated 21" Dec. 2010 
which made admissions to MBBS course possible only through 
National Eligibility-cum-Entrance Test (NEET). [Paras 2, 3] [562-
B-D] 
559 
A 
B 
c 
D 
E 
F 
G 
H 
560 
SUPREME COURT REPORTS 
(20 I 7] I S.C.R. 
A 
Christian Medical Cal/ege, Ve/lore & Ors. v. Union of 
India & Ors. (2014) 2 SCC 305 : [2013] 7 SCR 908 -
referred to. 
B 
c 
D 
E 
F 
G 
H 
Medical Council of India v. Christian Medical College, 
Ve/lore & Ors. (2016) 4 SCC 342 - relied on. 
1.2 Thus, in view of this order and various other orders 
passed by this Court from time to time, it was clear that the 
notification dated 21" December, 2010 stood resurrected and that 
admissions to the MBBS course could only be through NEET-1 
and NEET-11. No other process of admission was permissible. 
[Pi,irft 111 1_564-B] 
Sanka/p Charitable Trust & Anr. v. Union of India & 
Ors. (2016) 7 SCC 487 - relied on. 
1.3 The examination CGMAT-2016 conducted by the 
College on 3'" April, 2016 was also contrary to the schedule 
prescribed by Medical Council of India (MCI) (and approved by 
this Court) for holding the MBBS entrance examinations. [Para 
13 J [564-D-EJ 
Ashish Ran Jan v. Union of India 2016 ( 4) SCALE 370 
- relied on. 
1.4 Furthermore, the petitioner's counseling was carried 
out on 19'" April, 2016 which was after the decision of this Court 
on 11" April, 2016 recalling the decision dated 18" July, 2013. 
There was absolutely no occasion for the College to have 
conducted the counseling after the recall order passed by this 
Court on 11" April, 2016. The effect of the recall order was that 
the notification issued by the Medical Council of India on 21" 
December, 2010 effectively stood revived in the sense that NEET 
was the only option available for admission to the MBBS course. 
The College and the State of Chhattisgarh ought to have been 
aware of these facts, but seem to have turned a blind eye not only 
to the 'ordei's of this Court b11t to the notifications issued by the· 
Medical Council of India. [Para 14] [564-G-H; 565-A-B] 
2. The College and the State of Chhattisgarh have not 
adhered to the law with the result that the petitioner became a 
victim of circumstances giving him a cause of action to proceed 
RISHABH CHOUDHARY v. UNION OF INDIA & ORS. 
against the College and the State of Chhattisgarh being a victim 
of their maladministration. The plight of the petitioner is 
unfortunate but it cannot be helped. However, the petitioner is 
at liberty to proceed against the College and the State of 
Chhattisgarh in any appropriate manner. [Paras 15, 17] [565-C-
D, F] 
Case Law Reference 
[2Q13] 7 SCR 908 
referred to 
Para2 
(20
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