Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO.83/2015
(For directions)
IN
CIVIL APPEAL NO.4060 OF 2009
MODERN DENTAL COLLEGE & RESEARCH CENTER & ANR. ... PETITIONER(S)
VS.
STATE OF MADHYA PRADESH AND ORS. ... RESPONDENT(S)
O R D E R
Heard the learned counsel.
The following prayer is made in this application :
“ a) Direct that for the academic session
2016-17, the admission for all the seats in
the private colleges in Under Graduate &
Post Graduate Courses would be given only on
the basis of the Common Entrance Test
conducted by the APDMC i.e. SSET, DMAT and
Pre PGDMAT.”
It would be pertinent to note that a similar prayer
was made in I.A.No.74 of 2014 and the said application had
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been dismissed by an order dated 12 February, 2015. The
said IA had been filed with respect to admission of
students for the academic year 2015-16 whereas the present
application is in respect of admission of students for the
academic year 2016-17.
It has been brought to our notice by the learned
counsel appearing for State of Madhya Pradesh that no
averment has been made with regard to the earlier
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application, i.e., I.A.No.74/2014, which had been filed by
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the present applicants and was dismissed on 12 February,
2015.
There is no prayer in the present application for
holding an examination for giving admission to students for
the Academic Year 2016-17 in consonance with the
arrangement which had been made in the interim order dated
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27 May, 2009.
That apart, we also find that as per the provisions of
Post-Graduate Medical Education Regulations, 2000, as
amended from time to time, examination for admitting
students for post graduate studies should have been
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concluded before 15 February, 2016. It is an admitted
fact that no examination had been conducted by the
applicants for the said purpose till date, though the last
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date of examination, i.e., 15 February, 2016, lapsed much
earlier. Allowing the applicants to conduct the
examination at this stage will disturb the entire schedule
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of admission stipulated in the afoesaid Regulations.
According to the aforesaid Regulations, the first
round of counseling/admission has to be concluded between
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4 to 15 April, 2016, which is the next step.
We may record that a fervent plea was made by the
learned senior counsel for the applicants to extend the
st
date of conducting the examination till 31 March, 2016.
However, we feel that it would not be possible for the
applicants to hold the examination in a fair and
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transparent manner in such a short period and to start the
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first round of counselling/admission by 4 April, 2016 and
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conclude the same by 15 April, 2016.
As per the interim arrangement made under the orders
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dated 27 May, 2009, the medical colleges of State of
Madhya Pradesh are permitted to admit 50% of the students
in pursuance to the examination conducted by the applicant
association whereas 50% of the students are to be given
admission as per the recommendation of the State. We are
informed that for the last few years, the State of M.P. is
sending the names of the candidates from the merit list
prepared of those who appeared in All India Examination
held for the purpose. Same procedure be adhered to for
this year as well.
Insofar as the All India Examination is concerned, it
has already been held as per the stipulated time schedule
and the result of the said examination has already been
declared. Thus, a list of successful candidates, who
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have passed the said examination is available at present.
In the aforesaid circumstances, we permit the
applicants, to select candidates, on the basis of their
inter-se merit, for admission to 2016-17 batch of post-
graduate course from the aforestated list of successful
candidates.
The counselling shall be done by the State and the
fees which might be collected from the students by the
State shall be paid by the State to the concerned medical
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college.
In view of the above interim order, Interlocutory
Application No.83 of 2015 stands disposed of.
..............J.
[ANIL R. DAVE]
.............J.
[A.K. SIKRI]
..............J.
[R.K. AGRAWAL]
...................J.
[ADARSH KUMAR GOEL]
.............J.
[R.BANUMATHI]
New Delhi;
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17 March, 2016.
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