Miss Divya Gupta, Miss Heena Soni and Mohd. Zibran vs Raj. University of Health Science and Others

Ajay Rastogi, J.—Instant petitions have been filed by petitioners with their grievance that despite they were much higher in order of merit in the list prepared on the basis of Rajasthan Pre Medical Test-2008 ["RPMT"], applicants, who are lower in merit were granted admissions on 30/9/08 in MBBS (1st Year) in pursuance of advertisement dt.30th September 2008 as is evident from (Ann.5). Respective petitioners appeared in RPMT-2008 held by respondent No. 2 in which they were declared successful and petitioners namely; Miss Divya Gupta & Miss Heena Soni, both appeared in the category of OBC [Female] and secured 672 & 686 marks. At the same time, petitioner namely; Mohd. Zibran secured 685 in the category of General [Male]. Admission process was initiated by the respondents through counselling on the basis of merit list published by the Convenor, RPMT-2008. However, final admissions were made from waiting list on 30th September, 2008, which was the last date on which admissions could be made.

However, respondent No. 4 & 5 being represented by Mr. S.P.Sharma made admissions in MBBS (1st Year) Course for the academic session 2008-09 from the applicants who were either lower in order of merit qua present petitioners or those who did not appear and participate in the competitive test i.e. RPMT-2008 held by the respondents. It has been brought to the notice of this Court that no admissions can be made as per guidelines laid down by the apex court in regard to admission in First Year MBBS Course after 30th September.

It has come on record that sanctioned intake strength of the respondent institution approved by MCI is of 150 seats out of which 85% seats are reserved against government quota to be filled strictly on the basis of merit as per list sent by Convenor, RPMT and 15% seats are available which is called Management/NRI quota can be filled by the institution at its own in terms of procedure provided by the authority.

After matter was heard at length by this Court, parties arrived to a compromise and affidavits have been filed by the petitioners and so also by respondent Nos. 4-5 and they have agreed that all the three petitioners will be granted admission in MBBS (1st Year) for the academic session 2009-10 and fee which has been deposited by two petitioners who are presently pursuing their BDS Course in the very institution will be adjusted and they will have to pay only remaining fee on being admitted in MBBS Course for academic session 2009-10.

At this stage Counsel for Medical Council of India Mr. Angad Mirdha brought to the notice of this Court that if petitioners who are indisputably higher in merit are denied admission and if parties have agreed for adjustment against the academic session 2009-10 answering respondent may not have any objection but this adjustment may be permitted against 15% management seats which are available with the institution and not against 85% seats which are to be filled strictly on the basis of merit list sent by the Convenor- RPMT and if respondent Nos. 4-5 are permitted to adjust present petitioners against 85% quota/ seats that will certainly deprive three incumbents who are otherwise will be entitled to seek admission on the basis of their merit in academic session 2009-10.

This Court also finds substance in the submission made by counsel for MCI that admission of these petitioners be made against 15% quota which is available at the discretion of the management of the institution and if their admissions are made against 85% State quota which is to be filled strictly as per order of merit prepared on the basis of RMPT list, certainly three of the applicants may suffer for their admissions to MBBS Course in academic session 2009-10.

Accordingly, all the three writ petitions stand disposed of with the direction that the petitioners will be admitted in MBBS (1st Year) course against 15% management quota in academic session 2009-10 by respondent Nos. 4 & 5 and two of the petitioners namely; Miss Divya Gupta & Miss Heena Soni who have deposited fee with the institution while prosecuting their BDS Course will be adjusted, but they will undergo all other formalities which are required for their admission in MBBS. It is made clear that so far as fee is concerned, respondent Nos. 4 & 5 will charge fee from them which is to be ordinarily deposited by the students who are admitted on the basis of their merit against 85% State quota seats and these admissions will be within annual intake sanctioned strength approved by MCI. No order as to costs.