SC Censures Bihar Govt. For “Facetious” Explanation On Delay In Medical College Admissions; Orders Enquiry [Read Order]

The Supreme Court on Thursday came down heavily on the State of Bihar for delaying the admissions to medical colleges and granted 48 hours to the Bihar Combined Entrance Competitive Examination Board (BCECEB) to select the students for allotment of seats for first year MBBS Course at private medical colleges.

The direction was issued by a Bench comprising Justice SA Bobde and Justice L. Nageswara Rao.

During the hearing, the Court noted that the last date for completion of the mop up round of State Counselling was 8 August. It, however, opined that the State “moved at the pace of pachyderm” and carried on the mop up round upto 27 August. It further found it “distressing” that the State has not even sent the list for these vacancies at any point of time to the applicants.

Responding to the censure, Additional Standing Counsel Mr. M. Shoeb Alam appearing on behalf of the State then submitted that the delay was due to some “genuine error”. The Court noted, “We are informed by Mr. M. Shoeb Alam, learned Additional Standing Counsel appearing on behalf of the State of Bihar that this was due to some genuine error which prevented the State Government from sending the list due to enquiry conducted in respect of the admissions of the last year and the fact that the Health Department forwarded the list of vacancies to the BCECE Board only on 31.8.2018 by which time it was too late to maintain the time schedule.”

The Court, however, opined that this appeared to be a “facetious explanation”, but refrained from drawing any conclusions without appropriate enquiry. It therefore directed the Chief Secretary of the State to have an enquiry conducted into the delay, which it said was “undoubtedly detrimental to the interests of students in particular and generally the education sector in the State”.

The Chief Secretary is expected to forward a report on the enquiry within a period of three months. The Court further absolved the colleges or the students from any fault in not having completed the admission process, owing to the delay by the State authorities. The private medical colleges of the State were represented by Advocate Shivam Singh.

Giving it time till 8 September to finish the exercise of recommending eligible students for admissions, it then ordered, “In the circumstances, we are constrained to direct the State of Bihar to recommend the eligible students for admission. However, having regard to the quantifiable number of seats involved i.e. 17, we consider it appropriate to direct the BCECE Board to select the students for allotment of seats for first year MBBS Course to the applicants/writ petitioner.

The BCECE Board shall complete the above exercise within a period of 48 hours from tomorrow.”

The matters have now been directed to be listed along with the report of the Chief Secretary of the State of Bihar after three months.