MODERN DENTAL COLLEGE & RES.CEN. & ORS. Vs. STATE OF MADHYA PRADESH & ORS.
Supreme Court of India (Constitution Bench- Five Judge)
INTERLOCUTORY APPLICATION, 83 of 2015, Judgment Date: Mar 17, 2016
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 been dismissed by an order dated 12th
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 application, i.e., I.A.No.74/2014, which had been filed by the
present applicants and was dismissed on 12th 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 27th 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 concluded before 15th 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 date of examination, i.e., 15th February, 2016,
lapsed much earlier. Allowing the applicants to conduct the examination at
this stage will disturb the entire schedule of admission stipulated in the
afoesaid Regulations.
According to the aforesaid Regulations, the first round of
counseling/admission has to be concluded between 4th to 15th 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 date of conducting the examination till
31st March, 2016. However, we feel that it would not be possible for the
applicants to hold the examination in a fair and transparent manner in such
a short period and to start the first round of counselling/admission by 4th
April, 2016 and conclude the same by 15th April, 2016.
As per the interim arrangement made under the orders dated 27th 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 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 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;
17th March, 2016.