Supreme Court Directs Karnataka Govt To Complete MDS Admissions Within TimeLine Extended By Centre

A division bench of Justice D Y Chandrachud and Justice Sanjiv Khanna took on record the communication dated 27 January 2022 of the Government of India in the Ministry of Health and Family Welfare to the Principal Secretary (H&FW), Health and Family Welfare Department of the Government of Karnataka.

It is stated in the letter that, "As an exceptional circumstance, approval is hereby granted to the State Government of Karnataka to complete the process of MDS counselling for the Academic Year 2021-22, within a period of one week from 3 the date of issue of this letter." The deadline to complete the process was November 20, 2021

The bench while disposing of the petition filed by Maratha Mandals Nathajirao G. Halgekar Institute Of Dental Sciences and Research Centre and others, said, "The Government of Karnataka shall abide by the time lines stipulated by the communication dated 27 January 2022 of the Union Government in the Ministry of Health and Family Welfare. The Dental Council of India shall take consequential steps in view of the decision of the Union Government, recorded above."

The petitioners prayed 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 had asked 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.

Following which the Advocate Nikhil Goel, Additional Advocate General for the State of Karnataka, had informed 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.

By Order dated 03.01.2022, the Court had inter alia observed that: "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. 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 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 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.

The bench had noted 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.

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.

Case Title: Maratha Mandals Nathajirao G Halgekar Institute of Dental Sciences and Research Centre & Ors. v. Union Of India & Ors.

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