SC no to legitimising MBBS admissions through unfair means in MP

In a setback to more than 600 MBBS students in Madhya Pradesh, the Supreme Court on Monday refused to "legitimise" their admissions which they had gained through unfair means during 2008-2012.

Declining the pleas by affected medical students, the bench of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph and Justice Arun Kumar Mishra referred to the position earlier taken by Justice Abhay Mahohar Sapre refusing to invoke extraordinary powers of the top court under Article 142 of the Constitution to allow students to retain their admissions.

The court said: "...It would not be proper to legitimise the admission of the appellants (medical students) to the MBBS course, in exercise of the jurisdiction vested in this court under Article 142 of the Constitution."

The matter travelled to the three-judge bench as Justice J. Chelameswar and Justice Sapre differed in opinion on the future of these 634 medical students after both affirmed the Madhya Pradesh High Court verdict rejecting the plea by the students.

The students had moved the high court following Madhya Pradesh Professional Examination Board -- Vyapam -- decision cancelling the results of the medical students on the ground that they had gained admission by resorting to unfair means during the Pre-Medical Test.

While upholding the High Court verdict, the bench of Justice J. Chelameswar and Justice Sapre differed on the future of the appellant students.

Justice Chelameswar said that complete justice in the matter would be rendered if the qualifications successfully acquired by the students were not annulled and the knowledge gained by them was not wasted.

Justice Chelameswar said that the knowledge could not be transferred to those students, who had been wrongfully deprived of admission, and cancellation of the results of the appellants would not serve any purpose.

However, Justice Sapre differed and expressed disinclination for invoking jurisdiction under Article 142 to sustain the benefit of education acquired by the appellants students.

While refusing to "legitimise" the admissions, the three judges' bench on Monday "concurred" with May 12, 2016 order of Justice Sapre.

--IANS

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