Supreme Court Invokes Article 142 to Create Extra PG Medical Seat

• The Supreme Court has clarified its powers under Article 142 to create extra seats in exceptional cases.
• The court invoked its plenary power to grant admission to two meritorious candidates who were wrongfully denied admission for no fault of their own.
• The judgment may have implications for postgraduate medical admissions and the NRI quota.
• Lawyers advising clients on these matters should be aware of the Supreme Court's clarification of its powers under Article 142.

The Supreme Court has clarified its powers under Article 142 to create extra seats in exceptional cases. In a recent judgment, the court invoked its plenary power to grant admission to two meritorious candidates who were wrongfully denied admission for no fault of their own. The case involved Malyavi Gupta and Rushali Singhal, who were seeking admission to a postgraduate M.S. Obstetrics-Gynecology seat at Maharishi Markandeshwar Institute of Medical Sciences & Research. Both candidates had participated in the selection process under the NRI quota, but their allotments were cancelled due to technical issues. The high court had allowed Singhal's writ petition, directing the authorities to admit her to the subject postgraduate seat. However, the Supreme Court found that Gupta was also eligible for admission and created an additional seat to accommodate her.

The Supreme Court's judgment is significant because it clarifies its powers under Article 142 to create extra seats in exceptional cases. The court has wide-ranging authority to pass any decree or order necessary to do 'complete justice' in a pending matter. In this case, the court invoked its plenary power to convert a vacant NRI seat in another discipline into a seat in M.S. Obstetrics-Gynecology. This decision may have implications for postgraduate medical admissions and the NRI quota. Lawyers advising clients on these matters should be aware of the Supreme Court's clarification of its powers under Article 142.

The Supreme Court's judgment has important implications for postgraduate medical admissions in India. The court's decision to create an additional seat to accommodate a meritorious candidate who was wrongfully denied admission highlights the need for careful consideration of exceptional cases. This judgment may lead to changes in the way seats are allocated and the NRI quota is managed. As a result, lawyers advising clients on these matters should review and update their advice on seat allocation procedures.

Lawyers advising clients on postgraduate medical admissions should be aware that the Supreme Court has clarified its powers under Article 142 to create extra seats in exceptional cases, potentially impacting NRI quota admissions. This may require reviewing and updating their advice on seat allocation procedures.

Source: Original reporting via LawBeat