Medical Admission: Karnataka HC Allows Fresh Mop-UP Round For PG Courses; Admission Subject To Further Orders [Read Order]

A division bench of Justice Aravind Kumar and Justice Pradeep Singh Yerur said :

"We are of the considered view that interim arrangement deserves to be made by balancing the interest of both parties namely, both set of students, viz., students who have been admitted between 28.07.2020 to 31.07.2020 by member colleges of first petitioner-Foundation and students who are now seeking admission in the fresh Mop-Up round, which has been announced by the respondent-authorities."

The court is hearing a petition filed by Association of Minority Professional Colleges in Karnataka and others challenging the notification of the authorities dated August 15, allowing fresh registration of candidates for counselling to PG medical course which is likely to unsettle the selection already made by the member institutions of the Association.

Senior Advocates, D.N.Nanjunda Reddy, Madhusudhan.R.Naik, Shashikiran Shetty, appearing for petitioners, contended that orders passed by Apex court on July 30, do not suggest or indicate to undo the process of admission already done and extension was granted only in cases where counselling process could not be completed. The member colleges of petitioner-Foundation have already made admission under Clause 6(d) of Consensual Agreement, by accommodating unreported students admitted under Mop-Up round of counselling and thereby if Mop-Up round is now allowed to be extended by impugned communications and notification, it would be in gross violation of law affecting the rights of students who have already been admitted.

On the other hand, Additional Advocate General Dhyan Chinnappa and Advocate Vikram Huilgol, appearing for the respondents, informed the court that pursuant to the impugned notification, several students have arrived from various parts of the country to participate in the fresh Mop-Up round of counselling notified by KEA. The said exercise is being undertaken by the State by virtue of the order passed by the Hon'ble Apex Court on 30.07.2020 extending the time schedule upto 31.08.2020 and in the event of process of counselling is stayed, it would result in great prejudice being caused to the students and it would not sub-serve the larger interest of students.

While allowing interim arrangement the bench clarified :

"Such admission card/letter issued by the respondent-authorities would not entitle or empower such students to get themselves admitted to the respective colleges to which they have been granted admission, till these writ petitions are disposed of. We also make it clear that member-colleges of petitioner-Foundation, who have admitted the students as noticed herein above, would also be bound by the order that would be passed by this Court and their admissions which have been made by the respective colleges would be subject to the result of these writ petitions."

The court has also directed the respondents to file their statement of objections to the petitions by August 24 and posted the matter for further hearing on August 25.

Case background:

The present scenario is on account of the Department of Medical Education extending the last date of admission for Medical and PG Courses upto 31.08.2020. The apex court by its order dated January 18, 2016, clarified that 'time schedule' stipulated for admission to Under Graduate-UG and Post Graduate-PG Courses by MCI is to be adhered to namely, approved the time schedule as prescribed in the notification issued by MCI with previous sanction of the Central Government.

As per notification February 20, 2018, issued by the Medical Council of India substituting the time schedule to be followed for completing admission process for Post Graduate Courses (Broad Speciality) from 2018-19 batch onwards and notified thereunder that at the end of "Mop-Up" round of Counselling by the Governmental Agency, all those seats which remained unfilled/vacant should be handed over to the respective institutions and Counselling Authority should forward the list of students in order of merit equaling to ten times the number of vacant seats in respect of Medical colleges in the light of Consensual Agreement entered into between Government of Karnataka and first petitioner.

Under the notification time schedule fixed for PG admission was 31st May of every academic year. Due to COVID-19 pandemic prevalent in the country, Hon'ble Apex Court extended the last date of admission to 31st July, 2020 for the academic year 2020-21.

In Karnataka the process of counselling was commenced and after 2 rounds of counselling and Mop-Up round being concluded on 27.07.2020, time for reporting to get admitted was fixed as 28.07.2020 by 6.00 p.m. The Department of Medical Education by communication dated July 28, addressed to all private medical and dental colleges, directed them to fill "the stray vacancy seats" in respective institutions by 31.07.2020. The names of eligible candidates, their details in the ratio of 1:10 was also shared by the second respondent with the private medical and dental colleges.

The petitioner and its member-institutions on receipt of communication dated 28.07.2020, duly notified on the web portal of KEA, about vacant seats and have called for applications from eligible candidates for filling up the same. It is further stated that on 30.07.2020 third respondent also notified on its website the list of vacant and unreported seats after Mop-Up round and upon transfer of the unfilled seats and unreported seats allotted in the Mop-Up round of the counselling along with list of eligible candidates, petitioners are said to have completed the admission between 27.07.2020 to 31.07.2020.

However, the States of Bihar and Rajasthan counselling process having not been completed due to COVID-19, applications came to be filed before Hon'ble Apex Court for further extension of time schedule for admission to PG Courses for Academic Year 2020-21 and Apex Court by order dated 30.07.2020 in M.A.No.1282/2020 in W.P.(C) No.76/2015 allowed said application and extended the time for admission from 31.07.2020 to 31.08.2020 and ordered that such extension would enure to the benefit of entire country.

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