ABDUL AHAD AND ORS. versus UNION OF INDIA AND ORS.

ABDUL AHAD AND ORS. versus UNION OF INDIA AND ORS.

Glocal Medical College conducted private counselling in contravention of the State Notification dated 22.8.2016 (which implemented this Court's mandate for centralised counselling under Modern Dental College and subsequent clarifications); admissions obtained through such private counselling are per se illegal, students who entered by such backdoor means are not entitled to equitable protection despite sympathy or having passed examinations, and the MCI discharge order remains operative; accordingly the review petitions seeking to disturb the earlier dismissal are without merit and are dismissed.

Parties
Review Petitioners: Abdul Ahad and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 August 2021
Procedural Posture
Review Petition / Review of Order Dated 20.07.2020 Dismissing Special Leave Petition; Review Petitions Dismissed
Outcome
Review petitions dismissed
Legal Topics
Admission to Mbbs/bds Courses, Centralized Counselling, NEET, Minority Institutions, Illegal Admissions, Equitable Relief for Students
Education Administrative Law Constitutional Law Inherent Jurisdiction Admission to Mbbs/bds Courses Centralized Counselling NEET Minority Institutions +2 more

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Parties

Abdul Ahad and Ors.

Review Petitioners

Union of India and Ors.

Respondents

Procedural Posture

Review Petition / Review of Order Dated 20.07.2020 Dismissing Special Leave Petition; Review Petitions Dismissed

Legal Issues

  1. 1 Whether admissions made through private counselling by Glocal Medical College in 2016 were illegal having regard to the State Notification dated 22.8.2016 and this Court's decisions mandating centralised counselling
  2. 2 Whether students admitted through such private or backdoor counselling who qualified NEET and passed examinations are entitled to protection/equitable relief
  3. 3 Whether interim orders permitting appearance in examinations affected the non-publication of results and the validity of subsequent promotions/results

Ratio Decidendi

Glocal Medical College conducted private counselling in contravention of the State Notification dated 22.8.2016 (which implemented this Court's mandate for centralised counselling under Modern Dental College and subsequent clarifications); admissions obtained through such private counselling are per se illegal, students who entered by such backdoor means are not entitled to equitable protection despite sympathy or having passed examinations, and the MCI discharge order remains operative; accordingly the review petitions seeking to disturb the earlier dismissal are without merit and are dismissed.

Court Disposition

Review petitions dismissed

Orders

  • Review Petitions dismissed.
  • All pending applications, including applications for intervention/impleadment, stand disposed of.