SECRETARY, SELECTION COMMITTEE (MBBS) versus N. ANIRUDHAN (MINOR) AND ORS.

Citation: [2003] 2 S.C.R. 951 · Decided: 12-03-2003 · Supreme Court of India · Bench: SHIVARAJ V. PATIL · Disposal: Disposed off

Judgment (excerpt)

-
SECRETARY, SELECTION COMMITTEE (MBBS) 
A 
v. 
N. ANIRUDHAN (MINOR) AND ORS. 
MARCH 12, 2003 
(SHIVARAJ V. PATIL AND ARIJIT PASAYAT, JJ.] 
B 
Education/Educational Institutions: Admission to MBBS degree course-
Candidates belonging to open category-Creation of additional seats for open 
category pursuant to interim directions of Supreme Court in a communal c 
reservation matter-Admission against such seats in Government Medical 
College category-Claims of-Allowed by Single Judge in a writ petition and 
affirmed by the Division Bench of the High Court-On appeal, Held: Since 
several selected candidates did not take admission and two seats kept vacant 
as per directions of the High Court, admission of writ petitioners allowed in 
Government Medical College against the available seats without prejudice to D 
their claims involved in the pending communal reservation matter-Tamil 
Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation 
of Seats in Educational Institutions and of appointment or posts in services 
under the State) Act, 199 3. 
Respondents belong to open category and were admitted in the E 
MBBS Course. They had filed writ petitions challenging the admission of 
some students belonging to backward category in the Government Medical 
College who had secured lesser marks than the respondents and also 
sought for their admission in Government College against additional seats 
created for open category candidates in pursuance of interim directions F 
of the apex Court in. a pending matter on the issue of communal 
reservation (SLP (C) No.13526/93 Order dated 18.8.94). Allowing the writ 
petition, Single Judge of the High Court directed that respondents were 
-
entitled to be admitted in Government Medical College; however, 
admission of other students was not disturbed. The same was affirmed by 
the Division Bench of the High Court. Hence the present appeal filed by G 
the Secretary, Admission Committee (MBBS). 
It was contended for the appellant that since seats have been allotted 
to candidates belonging to various categories in accordance with interim 
directions of Supreme Court in a pending communal reservation matter, H 
,...-
951 
952 
SUPREME COURT REPORTS 
[2003] 2 S.C.R. 
A respondents' admission in Government Medical College would amount to 
creation of additional seats for them which is against the law laid down 
in Medical Council of India v. Madhu Singh and Ors*. 
On behalf of the respondents, it was submitted that information 
furnished by the appellant regarding reservation of seats for admission 
B in MBBS was misleading as indicated clearly that interim direction of the 
apex Court on reservation of seats was not complied with. 
Disposing of the appeals, the Court 
HELD: l.1. There is no scope for any increase of seats without 
C specific permission from the concerned authorities. The interim directions 
given by the Supreme Court in a pending communal reservation matter 
are clear and unambiguous. The only controversy is with regard to proper 
implementation of the order. Single Judge and the Division Bench of the 
High Court have categorically noted that persons belonging to open 
D category who had secured lesser marks than the writ petitioners were 
admitted to the Government Medical Colleges. From the data furnished, 
it is found that there were several absentees from amongst those selected 
in the open category for admission in the Government Medical Colleges. 
Additionally, two seats were directed by the Single Judge of the High Court 
to be kept vacant which position continued on confirmation of the order 
E of Single Judge by the Division Bench. (956-D-F] 
F 
1.2. In the peculiar circumstances, without elaborate deliberations 
of the controversy involved in the main case which is pending before this 
Court, it would be appropriate if the writ petitioners (respondents in the 
present appeals) are admitted in the Government Medical Colleges. 
Obviously, this direction would not amount to creation of additional seats 
and has to be done within the sanctioned seats strength of the concerned 
Government College. The authorities are directed to take necessary steps 
to admit the writ petitioners (respondents in the present appeals) within 
three weeks. Such admission shall be without prejudice to the claims 
G involved in the main petition pending before this Court. It is clarified that 
no departure has been made from principles as laid down in MCI's* case, 
and this ord

Excerpt shown. Read the full judgment & AI analysis in Lexace.