2012 104 AWC5150 SC , 2012 5 AWC5150 SC , 2012 (4 )ESC513 (SC ), 2012 INSC 279 , JT2012 (6 )SC 283 , 2012 -4 -LW681 , 2012 (6 )SCALE287 , (2012 )7 SCC389 , [2012 ]6 SCR876 , 2012 (3 )SCT457 (SC ), 2012 (5 )SLR379 (SC ), ,MANU/SC/0542/2012Swatanter Kumar#Ranjan Gogoi#2279SC3280Judgment/OrderAIC#AIR#AIR#AWC#AWC#ESC#INSC#JT#LW#MANU#SCALE#SCC#SCR#SCT#SLRSwatanter Kumar,SUPREME COURT OF INDIA2013-11-28Power of High Courts to issue certain writs,The High Court in the States,The States,Constitution of India17066 -->

MANU/SC/0542/2012

True Court CopyTM EnglishAWC

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5055 of 2012 (Arising out of SLP (C) No. 7440 of 2012)

Decided On: 10.07.2012

Appellants: Asha Vs. Respondent: Pt. B.D. Sharma University of Health Sciences and Ors.

Hon'ble Judges/Coram:
Swatanter Kumar and Ranjan Gogoi

JUDGMENT

Swatanter Kumar, J.

1. Leave granted.

2. Admission to the medical courses (MBBS and BDS) has been consistently a subject of judicial scrutiny and review for more than three decades. While this Court has enunciated the law and put to rest the controversy arising in relation to one facet of the admission and selection process to the medical courses, because of ingenuity of the authorities involved in this process, even more complex and sophisticated set of questions have come up for consideration of the Court with the passage of time. One can hardly find any infirmities, inaccuracies or impracticalities in the prescribed scheme and notifications in regard to the process of selection and grant of admission. It is the arbitrary and colourable use of power and manipulation in implementation of the schedule as well as the apparently perverse handling of the process by the concerned persons or the authorities involved, in collusion with the students or otherwise, that have rendered the entire admission process faulty and questionable before the courts. It is the admissions granted arbitrarily, discriminately or in a manner repugnant to the Regulations dealing with the subject that have invited judicial catechism. With the passage of time, the quantum of this litigation has increased manifold.<mpara>

3. Thus, it is both the need of the hour and the demand of justice that this Court clarifies its decision and states the principles with greater precision so as to ensure elimination of colourable abuse and arbitrary exercise of power in the process of selection and admission to these professional courses by all concerned.

4. Therefore, in our view, though the present appeal arises from very simple facts, yet it raises questions of considerable importance and application. These questions are bound to arise repeatedly not only before this Court, but even before the High Courts. Therefore, it is imperative for us to formulate the questions and answer them in accordance with law.

5. The questions are:

a) Is there any exception to the principle of strict adherence to the Rule of Merit for preference of courses and colleges regarding admission to such courses?

b) Whether the cut-off date of 30th September of the........