The admission of seven students who were admitted in postgraduate courses in dental sciences in Chandigarh in the year 2018 has been quashed by the Supreme Court. The SC stated that these seven students have gained admission illegally and backdoor admission cannot be justified. The SC declined to accept the request from the students and colleges to permit them to continue the course or to declare their results as they have completed their studies, stated a report on IANS.
A Bench comprising Justices MR Shah and MM Sundresh said, “Once it is found that the respective original writ petitioners were granted admissions illegally and their admissions are backdoor, thereafter to allow them to continue their course shall be perpetuating the illegality,” as reported by IANS. The report also stated that even if seats remained vacant on the last date of admission, there is no ground for the institutions/colleges to grant admissions unilaterally. It is also not fair that the vacant seats were filled after the last date of admission without intimating the Directorate of Medical Education, Raipur, Chhattisgarh, they said.
The Bench said that there are no records of the students given the opportunity to apply for admission to the respective colleges and institutions for admission. “It is not appreciable how the original writ petitioners came to know that at 4:30 p.m. on May 31, 2018, the seats have remained vacant in the institutions/colleges. The only inference can be that the institutions and the students were hands in gloves and the students got admissions illegally,” said the Bench.
The Bench said that in the mop-up round of counselling, the original writ petitioners did participate but could not secure admission on merits in the respective colleges/institutions in which subsequently they got admissions through the backdoor. “The submission on behalf of the private institutions and even the students that they were meritorious students and the merit is not given go bye cannot be accepted,” it noted, stated the report.
The Bench stated that all the original writ petitioners continued their studies/courses pursuant to the interim order that was passed by the high courts. The state government took a decision to promptly cancel the admission on the grounds that these admissions were illegal. “The High Court ought not to have passed such an interim order directing to grant admissions or continue with admission/course. The interim order passed by the High Court is not legally sustainable. As per the settled position of law, nobody can be permitted to take the advantage of the order passed by the Courts,” said the Bench, the IANS report stated.
The Supreme Court allowed the appeal of the Dental Council of India and set aside the interim order of the Chhattisgarh High Court. The accused Sailendra Sharma and six others were not allocated seats even in the mop-up round. However, they were given admissions after the deadline was crossed. The concerned authorities came out with an official communication annulling the admissions, which was challenged in the high court. The Dental Council of India moved the apex court challenging the high court order, as reported by IANS.
Courtesy : Edex