MDS Admissions Done Beyond Cut-Off Date: Possibility Of Resolution With Centre, Karnataka Tells Supreme Court
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The Supreme Court on Friday was told by the Karnataka government of a possibility of a resolution between the state and the Centre so far as the fate of admissions for PG courses in MDS for the 2021-22 session carried out by the state beyond the deadline of 20 November 2021 is concerned.Accordingly, the Court granted time of 1 week.The bench of Justices D. Y. Chandrachud and Bela Trivedi...
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The Supreme Court on Friday was told by the Karnataka government of a possibility of a resolution between the state and the Centre so far as the fate of admissions for PG courses in MDS for the 2021-22 session carried out by the state beyond the deadline of 20 November 2021 is concerned.
Accordingly, the Court granted time of 1 week.
The bench of Justices D. Y. Chandrachud and Bela Trivedi was hearing the writ petition by Maratha Mandals Nathajirao G. Halgekar Institute Of Dental Sciences and Research Centre and others, inter alia, praying for extension of the last date from 20.11.2021 upto 30.01.2022 for making admissions to PG MDS course in institutions for academic year 2021-22 by following the NEET merit list. It has been submitted that 633 students have been admitted by the state of Karnataka albeit beyond the cut-off date and if these admissions are not regularised at the present stage, the colleges in the State of Karnataka will have no students for three years.
On January 12, the Supreme Court required the state of Karnataka to explain the circumstances in which it carried out admissions for PG courses in MDS for the 2021-22 session beyond the deadline of 20 November 2021.
On Friday, Advocate Nikhil Goel, Additional Advocate General for the State of Karnataka, told the bench that the matter could be resolved between the state and the Centre and prayed that the bench adjourn the matter by 1 week.
Justice Chandrachud put to Senior Advocate Shyam Diwan, for the petitioners, "If the Centre is to step in, and if it may be considered that 633 students would lose a year and that for 3 years, there would be no students for MDS...?"
"I have no objections (to the adjournment)", replied Mr. Diwan.
Accordingly, the bench recorded in its order that on the submission advanced by Mr. Goel, the matter is kept for January 28.
By Order dated 03.01.2022, the Court had inter alia observed that:
"5. In the above backdrop, it has been submitted that in view of the stipulation which is contained in the communication of MoHFW dated 12 November 2021 (Annexure P-2), a response may be from the Union of India on the position as it would obtain in regard to the admissions which have been carried out during the first and second rounds of counselling, beyond the cut-off of 20 November 2021. 6. Limited only to the above issue, we direct that notice be issued to the State of Karnataka, the Union of India and the Dental Council of India".
On January 12, the bench observed that In its order dated 3 January 2022, the Court has noted that though the deadline for completing admissions for PG courses in MDS for the 2021-22 session was extended from 10 November 2021 to 20 November 2021 by the Union Ministry of Health and Family Welfare and that the Dental Council of India adopted a similar deadline, the State of Karnataka carried out the first round of counselling between 4 and 18 December 2021, while the second round of counselling was carried out between 18 and 30 December 2021. Admissions have been made beyond the cut-off date.
The bench further recorded on January 12 that Mr Shyam Divan, senior counsel appearing on behalf of the petitioner institutions, has submitted that the state of Karnataka was exclusively entrusted with the responsibility of conducting counselling, there being no other modality for completing admissions and it was the state itself which delayed the process and carried out admissions beyond the deadline fixed by the Union Government. It had been submitted that 633 students have been admitted by the state of Karnataka albeit beyond the cut-off date and if these admissions are not regularised at the present stage, the colleges in the State of Karnataka will have no students for three years.
The bench had noted on January 12 that Mr K M Nataraj, Additional Solicitor General appearing on behalf of the Union of India, and Mr Gaurav Sharma, counsel appearing on behalf of the Dental Council of India, on the other hand, submitted that the State of Karnataka was aware of the fact that the cut-off date was extended only till 20 November 2021. It had been submitted that the classes have already begun and there would be no occasion to extend the deadline. Mr Nikhil Goel, AAG, has appeared on behalf of the State of Karnataka.
The bench had recorded on January 12 that the state of Karnataka has not moved any application or proceeding before this Court though admittedly on 21 December 2021, its representation for extension of time was rejected by the Union Government.
"In these circumstances, we find it necessary that the State of Karnataka must explain the circumstances in which it carried out admissions beyond the deadline of 20 November 2021. Mr Nikhil Goel states that the students were placed on notice in regard to the consequences which may ensue since the admissions are made beyond the cut- off date. We direct the Secretary, Medical Education of the State Government to file an affidavit explaining the circumstances in which the State of Karnataka breached the deadline of 20 November 2021. The affidavit shall be filed within a period of one week. The Union of India and Dental Council of India may also file their affidavits in the meantime", ordered the bench on January 12.
Case Title: Maratha Mandals Nathajirao G Halgekar Institute of Dental Sciences and Research Centre & Ors. v. Union Of India & Ors.
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