Expressing concern over increasing incidents of medical admissions being granted arbitrarily by colleges,the Supreme Court today asked the high courts to initiate contempt proceedings against the authorities and direct disciplinary action against erring personnel. A bench of justices Swatanter Kumar and Ranjan Gogoi in a judgement also said students who obtain MBBS seats through collusion with authorities will have to compensate the aggrieved meritorious students. "Wherever the court finds that action of the authorities has been arbitrary,contrary to the judgements of this court and violative of the rules,regulations and conditions of the prospectus,causing prejudice to the rights of the students,the court shall award compensation to such students as well as direct initiation of disciplinary action against the erring officers "The court shall also ensure that the proceedings under the Contempt of Courts Act,1971,are initiated against the erring authorities irrespective of their stature and empowerment," Justice Kumar,writing the judgement,said. The apex court passed the ruling while upholding the appeal of a girl student Asha who was denied admission into the MBBS course for the 2011-12 academic year despite being ahead of several others in the merit list by the Pt BD. Sharma University,PGI,Rohtak. "Students who adopt malpractices in collusion with the authorities or otherwise for seeking admissions and if their admissions are found to be irregular or faulty in law by the courts,they shall normally be held responsible for paying compensation to such other candidates who have been denied admission as a result of admission of the wrong candidates," the bench said. The apex court said "the arbitrary and colourable use of power and manipulation in handling the process by the persons concerned in collusion with the students or otherwise has rendered the entire admission process faulty and questionable before the courts," "If the rule of merit is defeated by inefficiency,inaccuracy or improper methods of admission,there cannot be any circumstance where the rule of merit can be compromised. " It is not only unfortunate but apparently unfair that the appellant be denied admission. The rule of merit for preference of courses and colleges admits no exception. "It is an absolute rule and all stakeholders and concerned authorities are required to follow this rule strictly and without demur," the apex court said. The apex court said where the admissions given by the concerned authorities are found by the courts to be legally unsustainable and where there is no reason to permit the students to continue with the course,"the mere fact that such students have put in a year or so into the academic course is not by itself a ground to permit them to continue with the course". In the present case,the college management took the plea that Asha did not attend the second round of counselling for MBBS as she had already joined the BDS course,a contention which was rejected by the apex court. The apex court directed that when Asha could not be accommodated for the 2011-12 academic year,she be given an admission by the college for the 2012-2013,subject to the condition that she will pursue her MBBS course right from the beginning without any advantage of her course in the BDS. The bench also asked chief justices of the high courts to ensure that medical admission cases are listed as far as possible before one bench in an expeditious manner.
