New Delhi: The Supreme Court setting aside an interim order of the Punjab & Haryana High Court allowing NC Medical College to conduct provisional admissions, subject to the result of the petition has reversed the college’s present status of admissions for its 3rd batch(150 MBBS seats) for the academic year 2018-19.
The Supreme Court has set aside the interim order in view of the fact that provisional admissions might result in adverse consequence and set in a prejudice against the students.
Earlier, a Punjab & Haryana interim order dated 29th May 2018, had allowed the college to carry out provisional admissions for the current session 2018-19; though subject to conditions.
Following were the conditions put forth by the Punjab and Haryana High Court for having granted provisional admission permission to NC Medical College earlier:
- Council inspection within a period of 2 weeks
- Submission of the inspection report to the court
- Students to be issued a notice while granting them admission about the pendency of the instant writ petition
- An undertaking to be furnished by the petitioner institute that they would abide by all the conditions laid down by the MCI, in this regard
The Supreme Court prior to setting aside the Punjab and Haryana High Court’s interim order stated that when the judiciary grants permission of provisional admission to students on the grounds that their admission would be subject to the outcome of the litigation, it does not provide sufficient protection to the interests of the students.
A bench of Justice Deepak Gupta and Justice UU Lalit, scrutinizing the inspection records related to the medical college, observed that in the face of the college having failed to do away with the shortcomings, no admissions permission for the current academic session could have been given unless and until everything had been found to be in order.
The bench observed the following :
- In the initial stages, the physical inspection was undertaken twice and since shortcomings prevailed, the scheme did not find approval with MCI and the Central Government.
- However, the approval accorded by the Supreme Court mandated Oversight Committee led to the respondent college being allowed to make admissions for the academic year 2016-2017
- The conditions subject to which said approval was granted did not find compliance during the second inspection as well, with deficiencies persisting
- The matter was considered twice by MCI and the Central Government and due to persistent shortcomings the respondent college debarred for two years
- The physical verification in compliance of the order of this court again found drawbacks. The matter on reconsideration resulted in the negative recommendation.
In this context, the bench said: “A condition such as making students aware about the pendency of the matter and stating that their admissions would be subject to the result of pending litigation, is not a sufficient insulation.”
The court, however, refused to further interfere with the matter .”Since the matter is pending in the High Court we make it clear that we have not and shall not be taken to have dealt with factual controversy in any manner and the matter shall be considered purely on merits in the pending writ petition.” the court added