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Issues: (i) Whether there was any consensual arrangement between the private medical college and the State for admitting students on the basis of RPMT-2008 and whether the High Court could direct admission on that basis; (ii) whether the admissions of 117 students to the MBBS course violated Regulation 5(2) of the Regulations on Graduate Medical Education, 1997 and, if so, whether those admissions should be disturbed; (iii) what consequential relief, including deterrent measures, should follow.
Issue (i): Whether there was any consensual arrangement between the private medical college and the State for admitting students on the basis of RPMT-2008 and whether the High Court could direct admission on that basis.
Analysis: A private unaided professional institution has the right to administer and admit students, but that right is subject to a fair and transparent admission procedure and, in the absence of consent, the State cannot impose a seat-sharing arrangement. The record showed no concluded consent by the college to fill 85% of its seats from RPMT-2008 candidates. The correspondence and meeting minutes only showed that the proposal was under discussion and later sought clarification after permission was granted. The High Court's assumption of a binding arrangement was therefore unsupported.
Conclusion: No consensual arrangement existed, and the direction to fill seats from RPMT-2008 candidates was unsustainable.
Issue (ii): Whether the admissions of 117 students to the MBBS course violated Regulation 5(2) of the Regulations on Graduate Medical Education, 1997 and, if so, whether those admissions should be disturbed.
Analysis: Regulation 5 requires admissions to medical colleges to rest solely on merit, and where more than one university or examining body conducts the qualifying examination, a competitive entrance examination is required to ensure uniform evaluation. The college admitted students without holding any competitive entrance examination among all applicants and without using a fair, uniform method of inter se merit. That course of action violated Regulation 5(2). At the same time, the students were not at fault for the management's lapse, and they had already pursued the course for a considerable period. The appropriate course was therefore to preserve their admissions while marking the violation with suitable consequences.
Conclusion: The admissions were contrary to Regulation 5(2), but the 117 students were not to be disturbed from continuing the MBBS course.
Issue (iii): What consequential relief, including deterrent measures, should follow.
Analysis: Since the admissions were made in breach of the regulatory scheme, the institution had to bear a deterrent consequence to prevent recurrence and to protect the integrity of merit-based admissions. At the same time, the students were allowed to continue only on payment of a monetary amount, to be utilised for strengthening government medical infrastructure. A phased surrender of seats by the college was also directed so that future admissions would be routed through the proper merit process.
Conclusion: The students were allowed to continue subject to payment, and the college was directed to surrender seats in a phased manner as a deterrent consequence.
Final Conclusion: The judgment invalidated the High Court's direction based on an assumed consent arrangement, upheld the finding of regulatory breach in the college admissions, and balanced equity with compliance by protecting the students already admitted while imposing monetary and institutional consequences on the college.
Ratio Decidendi: A private unaided professional institution may admit students of its choice only through a fair, transparent and merit-based procedure consistent with the governing regulatory scheme, and any admission made in breach of that scheme can be protected for equity only by exercising constitutional power, while still attracting deterrent consequences for the institution.
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