TMI Blog2013 (3) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... as the right to establish and administer an educational institution under Article 19(1)(g) of the Constitution of India also held that such right will include the right to admit students into the institution. Students seeking admission to a professional institution were required to be treated fairly and preferences were not to be shown to less meritorious but more influential students and greater emphasis was required to be laid on the merit of the students seeking admission determined for admission to professional colleges, by either the marks that the student obtains at the qualifying examination, or by a common entrance test conducted by the institution, or in the case of professional colleges, by government agencies. On examining the admission procedure adopted by the College for admitting the students to the MBBS seats for the academic year 2008-2009 the College has admitted 16 students from the list of candidates selected in the PC-PMT 2008 conducted by the Federation of Private Medical and Dental Colleges of Rajasthan who did not call for any applications from candidates for admission to the MBBS course, but only for the BDS course. Moreover, the College had not been incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will pay Rs.3 lacs to the State Government on account of their admission in violation of clause (2) of Regulation 5 of the MCI Regulations and the total amount received by the State Government from the 117 students will be spent for improvement of infrastructure and laboratories in the Government Medical Colleges of the State and for no other purpose. The directions in rem for strict compliance, without demur and default, by all concerned that the commencement of new courses or increases in seats of existing courses of MBBS/BDS are to be approved/recognised by the Government of India by 15th July of each calendar year for the relevant academic sessions of that year & Medical Council of India shall, immediately thereafter, issue appropriate directions and ensure the implementation and commencement of admission process within one week thereafter. After 15th July of each year, neither the Union of India nor the Medical or Dental Council of India shall issue any recognition or approval for the current academic year. If any such approval is granted after 15th July of any year, it shall only be operative for the next academic year and not in the current academic year. Once the sanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007, the Chairman and Managing Trustee of the Geetanjali Foundation Shri Jagdish Prasad Agarwal gave a written undertaking that the College will admit the students to the MBBS course only after getting permission from the Government of India and after getting affiliation from the Rajasthan University of Medical Sciences. Another meeting for the aforesaid purpose was held under the Chairmanship of the Secretary, Medical Education on 15.12.2007 and at this meeting it was decided that students will be made available for 85% of the seats in the medical colleges in the State of Rajasthan through the Rajasthan Pre-Medical Test 2008 (for short the RPMT-2008), and the remaining 15% seats of the colleges will constitute NRI quota which will be filled by the colleges. The representative of the College did not participate in the meeting on the ground that inspection of the College by the Medical Council of India (for short MCI ) was going on. The Director of the College in his letter dated 18.12.2007 to the Secretary, Medical Education, Government of Rajasthan, while expressing his inability to attend the meeting on 15.12.2007, explained that the College cannot participate in the admission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amination with minimum 50% marks in Physics, Chemistry and Biology as per regulations of the MCI and stated in the advertisement that the last date of receipt of the applications would be 28.09.2008 and the candidates will be selected on the basis of merit. After counselling, out of the 150 seats of the College in first year MBBS course, 16 seats were filled up by students from PC-PMT conducted by the Federation of Private Medical and Dental Colleges of Rajasthan and 101 seats were filled up from amongst candidates who had passed the 10+2 examination and 23 seats of the NRI quota were filled up by the College. 5. Some of the candidates who were selected through the RPMT-2008 and placed in the waiting list of candidates for admission to the MBBS seats in the medical colleges in the State of Rajasthan filed eight writ petitions before the Rajasthan High Court, Jaipur Bench, contending that they were entitled to be admitted to the seats of the College in the first year MBBS course on the basis of their merit in the RPMT-2008 and praying for a direction to the College to consider and give them admission in the MBBS course in the College against the 85% seats of the 150 seats on the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not have the permission from the Government of India to establish the College. They submitted that the first counselling for students selected in the RPMT -2008 for admission in the MBBS course was held on 17.07.2008 and second and last counselling for such students selected in the RPMT-2008 for admission in the MBBS course was over on 24.09.2008 and the College received the letter of permission from the Government of India for establishing the College for MBBS course with an annual intake of 150 students for the academic year 2008-2009 onwards on 25.09.2008 and by this date as the second and last counselling for the candidates selected on the basis of RPMT-2008 was over, the College could not admit the students to 85% of the seats in the MBBS course on the basis of the RPMT-2008. They submitted that in these peculiar facts the College issued an advertisement in leading newspapers inviting applications from the candidates for admission in the first year MBBS course for the academic year 2008-2009 on the basis of their merit in PC-PMT or 10+2 examination. They submitted that the Principal of the R.N.T. Medical College and Controller by his letter dated 29.09.2008 also constitute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 4 of the MCI Regulations lays down the eligibility criteria for admission to the MBBS course and it provides that a candidate should have completed the age of 17 years on or before the date mentioned therein and he should have passed the qualifying examination. They submitted that all the 117 students (16+101) admitted to the MBBS course in the College for the academic year 2008-2009 fulfilled the requirements regarding age and passing of qualifying examination as provided in Regulation 4 of the MCI Regulations. They submitted that Regulation 5 of the MCI Regulations states that the selection of students to medical college shall be based solely on the merit of the candidate and clause (1) of Regulation 5 states that for determining the merit, the marks obtained at the qualifying examination may be taken into consideration. They argued that the marks of 101 students admitted on the basis of their 10+2 qualifying examination were taken into consideration and, therefore, Regulation 5 of the MCI Regulations had not been violated. They submitted that in the facts of the present case since the seats of the MBBS course in the College had to be filled up for the academic year 2008-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... common entrance examination as prescribed in the MCI Regulations and yet directed, as a special case, that the appellants therein shall be allowed to continue and complete their MBBS course and should be permitted to appear in the University examinations as if they had been regularly admitted to the course. They submitted that in the event this Court is of the opinion that the MCI Regulations 1997 have been violated in admitting the 117 students in the MBBS course of the College, to do complete justice in the matters, this Court should allow these students to continue in the MBBS course in exercise of its powers under Article 142 of the Constitution of India as has been done in the aforesaid two cases. 11. Mr. Amarendra Sharan, learned senior counsel appearing for the MCI, submitted that the Division Bench of the High Court has in the impugned order held that the stand of the College that the permission letter dated 16.09.2008 of the Central Government was received by the College on 25.09.2008, i.e. after the second and last counselling of students selected in the RPMT-2008 was over, appears to be doubtful. He supported the aforesaid finding of the High Court and argued that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made out by the appellants. He submitted that names of 101 candidates who had been admitted on the basis of their marks in the qualifying examination vis-a- vis of the candidates who had not been admitted had not been determined in a common competitive entrance examination. He argued that the only way the College could comply with the provisions of clause (2) of Regulation 5 of the MCI Regulations was to admit students selected in the RPMT-2008. He submitted that in T.M.A. Pai Foundation and P.A. Inamdar (supra) cited by the learned counsel for the appellants, this Court has also held that the admissions to the private unaided professional colleges have to be made by selection through a common entrance test and in the aforesaid judgments, this Court has not held that the MCI Regulations will not be followed while giving admissions to the MBBS course. He submitted that this Court, on the contrary, has held in Dr. Preeti Srivastava amp; Anr. v. State of M.P. amp; Ors. [(1999) 7 SCC 120], State of M.P. amp; Ors. v. Gopal D. Tirthani amp; Ors. [(2003) 7 SCC 83] and Harish Verma amp; Ors. v. Ajay Srivastava amp; Anr. [(2003) 8 SCC 69] that the Regulations of the MCI laying down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot able to fill up the seats in the MBBS course for the academic year 2008-2009 for the reason that the second and last counselling of students selected on the basis of RPMT-2008 was over, the seats should have been kept vacant and could not have been filled up in violation of the MCI Regulations. 14. Mr. Jasbir Singh Malik, learned counsel for the State of Rajasthan, adopted the arguments of Mr. Amarendra Sharan and further submitted that the information book on RPMT-2008 mentioned the College as one of the Colleges covered by the RPMT-2008 and, therefore, the College cannot contend that the students who are selected in the RPMT- 2008 were not to be admitted to the MBBS seats of the College. He submitted that at the meeting of the Central Under-Graduate Admission Board on 23.09.2008, it was decided not to include the College for the counselling as there was no intimation from the College, but it was recorded in the proceedings of the meeting that if information is received from the College then students can be provided from the RPMT-2008 by holding counselling at the College at Udaipur at their cost. He submitted that a separate counselling could therefore be held for students w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.12.2007 that it will admit students in MBBS degree only after getting the permission from the MCI/Government of India and after getting affiliation from the Rajasthan University of Medical Sciences, but the College had given admission to the students even before getting affiliation from the University. 16. Ms. Anuradha Soni Verma, appearing for the private respondents, who had filed writ petition in the High Court submitted that none of the students who had been admitted into the College in the MBBS seats for the academic year 2008-2009 have been enrolled by the University and it is only pursuant to the orders of the Court that they had been permitted to take examinations of the MBBS course. FINDINGS WITH REASONS 17. The College is a private unaided professional institution and it has been held by this Court in T.M.A. Pai Foundation (supra) that a private unaided professional institution has a fundamental right under Article 19(1)(g) of the Constitution of India to establish and administer an educational institution and such right will include the right to admit students into the institution. In P.A. Inamdar (supra), this Court has explained the judgment in T.M.A. Pai Foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was taken by the authorities that students will be made available on 85 per cent seats through R.P.M.T. to Geetanjali Medical College and Hospital Udaipur (the College), there is no mention that the College (Geetanjali Medical College) had given its consent to this arrangement although there is a mention that Mahatma Gandhi Medical College and Hospital, Jaipur, has given its consent to the aforesaid consensual arrangement earlier. In fact, there was no representation of the College at the meeting held on 15.12.2007 and on 18.12.2007 the Director (Foundation) of the College addressed the following letter to the Secretary to the Government Medical Education, Government of Rajasthan: GMCH HEALTH IS HAPPINESS GF/GMCH/07 December 18, 2007 Dr. Govind Sharma, IAS Secretary to the Government Medical Education, Government of Rajasthan Secretariat JAIPUR (RAJASTHAN) Sub: Participation in Admission Procedure Respected Sir, In the above reference we have received your letter to attend the meeting schedule on 15th December 2007 for participation in the admission procedure for admission of students in 2008. I was not able to attend the meeting as the MCI inspection was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm the number of seats for allotment so that seats may be allotted in the upcoming counseling of RPMT-2008 on 23.09.2008. Sd/- Vice Chancellor The aforesaid discussion would show that there is in fact no consensual arrangement between the College and the State or the University that the College will admit students from the merit list or wait list of RPMT-2008. The finding of the learned Single Judge and the Division Bench of the High Court that there was such a consensual arrangement between the College and the State Government to admit students from the merit list or wait list of RPMT-2008 is, therefore, erroneous. Hence, the direction of the High Court to the College to consider and admit students from the merit list or wait-list of RPMT-2008 will have to be set aside. 19. We may next consider the question whether the admissions of 117 students to the MBBS course of the College were within the fundamental right of the College as explained by this Court in T.M.A. Pai Foundation (supra). In T.M.A. Pai Foundation (supra), this Court, while holding that a private unaided non-minority institution has the right to establish and administer an educational institution under Artic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed admission and the procedure therefor but the admission procedure so chosen by the institution must be fair, transparent and non-exploitative. Para 137 of the judgment of this Court in P.A. Inamdar (supra), which is relevant for deciding this case, is quoted hereinbelow: 137. Pai Foundation has held that minority unaided institutions can legitimately claim unfettered fundamental right to choose the students to be allowed admission and the procedure therefor subject to its being fair, transparent and non-exploitative. The same principle applies to non-minority unaided institutions. There may be a single institution imparting a particular type of education which is not being imparted by any other institution and having its own admission procedure fulfilling the test of being fair, transparent and non-exploitative. All institutions imparting same or similar professional education can join together for holding a common entrance test satisfying the abovesaid triple tests. The State can also provide a procedure of holding a common entrance test in the interest of securing fair and merit-based admissions and preventing mal-administration. The admission procedure so adopted by priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minimum 50% marks in Physics, Chemistry and Biology individually in all the subjects and having English as compulsory subject for admission to its MBBS course and in response to such advertisement, students had applied and selection of students was done on the basis of their merits. It is, however, not disputed that the candidates, who had applied in response to the advertisement, had not passed the 10+2 examination from the same board or university but from different boards and universities. If that be so, the merit of the candidates who had applied in response to the advertisement could not be evaluated by a uniform standard and could only be evaluated by a competitive entrance examination of all these students who had applied pursuant to the advertisement of the College. It is not the case of the College that any competitive entrance examination of all the students, who had applied pursuant to the advertisement, was held by the College to determine their comparative merit. Hence, the principle of merit as the basis for selection for admission in the profession courses laid down by this Court in T.M.A. Pai Foundation (supra) and as explained in P.A. Inamdar (supra) has not been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clauses (1), (2), (3) and (4) will apply. Clause (2) of Regulation 5 on which the MCI relied upon clearly states that in States having more than one University/Board/Examining Body conducting the qualifying examination a competitive entrance examination should be held so as to achieve a uniform evaluation as there may be variation of standards at qualifying examinations conducted by different agencies. As we have noted, it is not the case of the College that all students who applied pursuant to the advertisement had passed 10+2 Examinations conducted by one and the same University/Board/Examining Body. Hence, the merit of the students who had applied pursuant to the advertisement of the College had to be uniformly evaluated by a competitive entrance examination, but no such competitive entrance examination had been held by the College between all the candidates who had applied pursuant to the advertisement. Therefore, there was a clear violation of Clause (2) of Regulation 5 of the MCI Regulations in admitting the 101 students to the MBBS Course for the academic year 2008- 2009 by the College. 24. The contention on behalf of the respondents is that once it is held by the court th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tending that she had been promoted to Class X but was later on declared failed in Class IX Examination. The High Court entertained the writ petition and passed an interim order permitting her to take the Class X Examination conducted by the CBSE and finally directed the CBSE to declare her result of the Class X Examination. The CBSE challenged the decision of the High Court before this Court and on these facts the Court held that the High Court could not have condoned the lapses or overlooked the legal requirements in consideration of mere sympathy factor as it disturbs the discipline of the system and affects the academic standards. In Visveswaraiah Technological University amp; Anr. v. Krishnendu Halder amp; Ors. (supra), the respondents secured marks which were more than the minimum marks prescribed by the AICTE norms, but less than what were prescribed by the University Regulations and they were admitted to the Bachelor of Engineering course during the academic year 2007-2008. When the list of admissions was submitted by the colleges to the university for approval, the university refused to approve their admissions on the ground that they had secured less than the minimum per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity criteria as laid down in Regulation 4 of the MCI Regulations. The case of the MCI is that the provisions of clause (2) of Regulation 5 relating to selection on the basis of merit, as discussed above, has been violated. There is, in our considered opinion, a difference between a candidate not fulfilling the eligibility criteria for admission to the MBBS course and a candidate who fulfils the eligibility criteria but has not been admitted in accordance with the procedure for selection on the basis of merit. In a case where a candidate does not fulfill the eligibility criteria for admission to a course or for taking an examination, he cannot ask the Court to relax the eligibility criteria. But this is not what the appellants have asked for in this case before us. Hence, the decisions of this Court in Regional Officer, CBSE v. Ku. Sheena Peethambaran amp; Ors. (supra) and Visveswaraiah Technological University amp; Anr. v. Krishnendu Halder amp; Ors. (supra) do not apply to the facts of this case. 27. In the facts of this case, the College was at fault in not holding a competitive entrance examination for determining the inter-se merit of the students who had applied to the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. In the present case, there were as many as 117 admissions contrary to the provisions of clause (2) of Regulation 5 of the MCI Regulations. The learned Single Judge of the High Court had directed ten seats to be kept vacant for the academic year 2008-2009 and we are told that those ten seats kept vacant have not been filled up and the College has not received any fees for the ten seats. Excluding these ten seats, the College will have to surrender 107 seats in a phased manner, not more than ten seats in each academic year beginning from the academic year 2012-2013. These 107 seats will be surrendered to the State Government and the State Government will fill up these 107 seats on the basis of merit as determined in the RPMT or any other common entrance test conducted by the State Government or its agency for admissions to Government Medical Colleges and the fees of the candidates who are admitted to the 107 seats will be the same as fixed for the Government Medical Colleges. 29. The 117 students, who were admitted to the MBBS course, may not be at fault if the College did not hold a competitive entrance examination for determining the inter se merit of students who had applied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will each pay a sum of Rs.3 lacs within a period of three months from today to the State Government and in the event of default, the students will not be permitted to take the final year examination and the admission of the defaulting students shall stand cancelled and the College will have no liability to repay the admission fee already paid. The amount so paid to the State Government shall be spent by the State Government for improvement of infrastructure and laboratories of the Government medical college of the State and for no other purpose. iv) The College which was responsible for making the admissions in violation of clause (2) of Regulation 5 of the MCI Regulations will surrender 107 (117 10) MBBS seats to the State Government phase wise, not more than ten in any academic year beginning from the academic year 2012-2013 and these surrendered seats will be filled up by the students selected in RPMT or any other common entrance test conducted by the State Government of Rajasthan or its agency for admissions to the Government Colleges and the fees payable by the students admitted to the surrendered seats would be the same as that payable by the students of Government Colle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... list of vacancies shall be displayed on the notice board of the College on 28.09.2008 at 10.00 a.m. and the students shall be admitted from the wait-list into the vacancies and such admission process must be completed by 30.09.2008. On 29.09.2008, the Additional Principal of the College issued an office order that the residual seats which remained vacant even after the second round of counselling will be filled up by an admission process which will start on 30.09.2008 at 6.00 p.m. in the Medical Education Unit of the College and in such admission process preference will be given to candidates who have qualified in the RPMT-2008 and if the seats are still vacant, the same will be offered to candidates on the basis of 10+2 marks and the admission process will be completed on the same date i.e. 30.09.2008. Accordingly, on 30.09.2008, an admission notice for the year 2008-2009 was put up by the College inviting applications for admission to the MBBS Course for the year 2008-2009 from students who have passed 10+2 examination with minimum 50% marks in Physics, Chemistry and Biology in case of general candidates and minimum of 40% marks in Physics, Chemistry and Biology for SC/ST/OBC can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vil Writ Petition No.11165 of 2008), the MCI was also a respondent and by a common order dated 26.05.2009 the learned Single Judge disposed of the three writ petitions with the direction that the three writ petitioners will be admitted in the MBBS (First Year Course) against 15% Management Quota for the academic year 2009-2010 and the writ petitioners will be charged fees which are charged to the students admitted on the basis of their merit against 85% of the seats to be filled up by the Competent Authority of the State Government and these admissions will be within the annual intake strength as approved by the MCI. They submitted that by the order dated 26.05.2009 passed in the earlier three writ petitions, the admission of the 6 students were not disturbed by the learned Single Judge of the High Court. They argued that the order dated 26.05.2009 of the learned Single Judge in the three writ petitions of 2008 has become final and the MCI therefore could not have passed the order dated 04.02.2010 discharging the 6 students from the MBBS Course on the ground that they have not been selected in the RPMT-2008. 6. Learned counsel for the appellants further submitted that the only re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourse of the Mysore University, the appellant was innocent and should not be penalized by not allowing her to continue her studies in the MBBS course. They also relied on the observations of this Court in Association of Management of Unaided Private Medical and Dental College v. Pravesh Niyantran Samiti and Others [(2005) 13 SCC 704] that in a medical college no seat should be allowed to go waste and contended that if no student of the RPMT-2008 was available for admission to the unfilled seats on the last date of admission, the College had no option but to fill up the seats by six students on the basis of their marks in the 10+2 Examination. They also referred to the order in Monika Ranka and Others v. Medical Council of India and Others [(2010) 10 SCC 233] in which this Court after taking note of the fact that the candidates who have secured less than 50% marks in the entrance examination had been admitted in MBBS course in the R.D. Gardi Medical College, Ujjain, M.P., directed that their admissions should not be disturbed and ordered to reduce from the management quota for the year 2009- 2010 the number of seats equal to the number of irregular admissions. CONTENTIONS ON BEHAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year 2009-2010. The learned Single Judge of the High Court, however, has further directed that their admissions will be adjusted against 15% management seats which are available to the college and not against 85% seats which are to be filled strictly on the basis of the merit list sent by the Convener and that the students will be charged fee which is ordinarily to be deposited by the students who are admitted on the basis of their merit against 85% State quota seats and that the admissions will be within the annual intake strength as approved by the MCI. As the College has not produced the pleadings before this Court in the three writ petitions to show that an issue was raised before the learned Single Judge of the High Court in the aforesaid three writ petitions by the MCI that the admission of the 6 students was in breach of clause (2) of Regulation 5 of the MCI Regulations, the principles laid down in Section 11 of the Code of Civil Procedure, 1908 relating to res judicata will not apply. As a matter of fact, when the order dated 26.05.2009 was passed by the learned Single Judge of the High Court in the aforesaid three writ petitions, the MCI had no information that the six stu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, admission can also be made on the basis of marks secured in the 10+2 Examination as provided in Regulation 5(1) of the MCI Regulations is not in accord with the fact situation in State of Rajasthan. The admission of the six students by the College to its MBBS Course on 30.09.2008 was, therefore, in breach of clause (2) of Regulation 5 of the MCI Regulations. 11. We are, however, of the view that in this case also, as in the case of Geetanjali Medical College, the violation of clause (2) of Regulation 5 of the MCI Regulations is by the College. In this case also, as in the case of Geetanjali Medical College, the case of the MCI is not that the six students were not eligible for admission to the MBBS Course in accordance with the eligibility criteria laid down in Regulation 4 of the MCI Regulations, but that they have not been selected in the RPMT-2008, which was the competitive entrance examination conducted in accordance with clause (2) of Regulation 5 of the MCI Regulations. Moreover, in this case also, as in the case of Geetanjali Medical College, the six students had got admission to the MBBS course not on the basis of their merit determined in the RPMT-2008 in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... They are to be applied stricto sensu and cannot be moulded to suit the convenience of some economic or other interest of any institution, especially, in a manner that is bound to result in compromise of the above-stated principles. Keeping in view the contemptuous conduct of the relevant stakeholders, their cannonade on the rule of merit compels us to state, with precision and esemplastically, the action that is necessary to ameliorate the process of selection. Thus, we issue the following directions in rem for their strict compliance, without demur and default, by all concerned,. i) The commencement of new courses or increases in seats of existing courses of MBBS/BDS are to be approved/recognised by the Government of India by 15th July of each calendar year for the relevant academic sessions of that year. ii) The Medical Council of India shall, immediately thereafter, issue appropriate directions and ensure the implementation and commencement of admission process within one week thereafter. iii) After 15th July of each year, neither the Union of India nor the Medical or Dental Council of India shall issue any recognition or approval for the current academic year. If any such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal circumstances or surrender of seats. All candidates should join the academic courses by 30th September of the academic year. viii) No college may grant admissions without duly advertising the vacancies available and by publicizing the same through the internet, newspaper, on the notice board of the respective feeder schools and colleges, etc. Every effort has to be made by all concerned to ensure that the admissions are given on merit and after due publicity and not in a manner which is ex-facie arbitrary and casts the shadow of favouritism. ix) The admissions to all government colleges have to be on merit obtained in the entrance examination conducted by the nominated authority, while in the case of private colleges, the colleges should choose their option by 30th April of the relevant year, as to whether they wish to grant admission on the basis of the merit obtained in the test conducted by the nominated State authority or they wish to follow the merit list/rank obtained by the candidates in the competitive examination collectively held by the nominated agency for the private colleges. The option exercised by 30th April shall not be subject to change. This choice should ..... X X X X Extracts X X X X X X X X Extracts X X X X
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