Supreme Court sets aside Calcutta HC order, cancels admission of 8 MBBS doctors to PG course – India Legal

The Supreme Court has set aside the interim order passed by the Calcutta High Court in 2019 and cancelled admission of eight MBBS doctors to postgraduate medical courses, after observing that the High Court ignored the principles of merit and the May 31 deadline fixed by the Apex Court for completion of admission process.

The Bench of Justice Ajay Rastogi and Justice C.T. Ravikumar passed the order on Monday, while hearing a petition filed by the National Medical Council (NMC), against the Calcutta HC allowing admission of eight MBBS doctors. 

As per the petitioner, the students had failed to secure admission to PG courses on the basis of merit and had moved the High Court for grant of admission against seats, which remained vacant even after mop up round of counselling.

The petition alleged that the students, who approached the High Court, had appeared in NEET-PG 2019, but failed to secure admissions in PG courses after participating in the last round of counselling. 

Even though the students moved the High Court very late (after expiry of last date for admission-May 31, 2019), the High Court initially granted them provisional admission on the basis of an interim order and later regularised them, noted the plea.

The Counsel appearing for these eight students requested the Apex Court to permit those who were on the verge of completing their PG courses, to complete their studies and appear in examinations. 

The Apex Court ruled that the schedule for admission to the PG medical courses must be followed strictly, leaving no discretion to any authority to permit admissions over the cut-off date under schedule for admissions to PG medical courses, which is May 31.  

The top court of the country said the interim orders passed by the High Court were legally unsustainable, since they ignored the principle of merit, which cannot be countenanced by this court.

It said these students participated in the second round of counselling, but failed to get any seat in PG medical course because of lower rank in the order of merit. hence, no sympathy can be shown to them.  

Noting that the admissions were completely in contravention to the 2000 Regulations, the Supreme Court ruled that If these admissions were regularised and students allowed to continue in PG courses, the same would be completely illegal.