Order
1. In T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481 this Court indicated the manner in which admissions to professional and non-professional colleges could be regulated depending upon whether they are aided or non-aided institutions or whether they are minority or non-minority institutions and several guidelines were set out therein. The Medical Council of India sent a letter on 11-2-2003 drawing the attention of educational institutions, medical colleges and universities as well as the Government of India to the decision in Civil Appeal No. 5166 of 2001 (Medical Council of India v. Madhu Singh (2002) 7 SCC 258) as to the necessity of commencement of the academic session on 1st August of each year and completion of admissions by 30th September of the year concerned with no admission being permitted to be made by the admitting agency beyond 30th September of the year concerned. The Government of Gujarat formed a Joint Admission Committee on 3-5-2003. The Government of Gujarat permitted the management of respective colleges to fill up 15-20% of the seats as indicated in clause (3) in respect of self-financed institutes, by stating that in private self-financed medical, dental or physiotherapy and pharmacy institutes 85% of sanctioned seats would be filled up by the Central Admission Committee, as per merit-cum-preference basis on the basis of consensus arrived at among the self-financed institutes. The management of self-financed institutes would admit the students to the remaining seats on transparent basis, on merit, as per the scheme to be declared in advance in line with the judgment of this Court as per the consensus of self-financed institutes. It is stated that the management admitted certain students on the basis of this resolution. There is, however, dispute as to whether they fulfil the condition of merit as per the scheme but we need not examine that aspect at this stage of the proceedings, if such students otherwise fulfil the requirements of the Medical Council in case of medical colleges and similar bodies in case of other colleges. Thereafter, the Government passed a resolution prescribing fee structure on 28-5-2003. Several petitions were filed before this Court challenging the action of the Government and this Court by a decision in Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697 where apart from giving certain directions in relation to the fee structure the Supreme Court also indicated the manner in which the students can be admitted in the colleges. It emphasises that the admission even in the quota of management should be strictly on the basis of merit. However, in the State of Gujarat no separate entrance test is conducted by the Government or by the Association of self-financed colleges. Merit was considered by the State Government on the marks at the examination of XIIth standard for the year 2003-04. Therefore, the self-financed institutes also adopted this procedure.
2. The order of the Government fixing the mode in which fee structure has to be regulated or admissions are to be made was called in question before the High Court. A learned Single Judge made an interim order apart from giving directions regarding the fee structure and gave further directions in regard to the admissions of the students.
3. The matter was carried in appeal on the letters patent side and a civil application was filed and the Division Bench by an interim order stayed the orders of the Government dated 6-5-2003 and 1-7-2003 subject to certain conditions. So far as admissions are concerned, the interim directions given by the learned Single Judge stood affirmed subject to the following two conditions:
“(a) The institute/college concerned shall forward the applications for admission received by it directly from the students in management quota to the Joint Admission Committee for Professional Courses by tomorrow.
(b) The applications which may be forwarded by the Management Committee, as indicated above, shall be considered by the Joint Admission Committee for Professional Courses for admissions on the available seats.”
4. It is now urged before us that Islamic Academy of Education case (2003) 6 SCC 697 provided for an arrangement to fill seats in the government and the private colleges on 50-50% basis. They contend that some of the colleges had admitted the students to the extent of 50% of their total intake capacity out of those nominated by the Government on the basis of the result of such students in the XIIth standard examination in Science and English subjects and the Government nominated further students to the extent of 30% after the orders were made by this Court on 15-9-2003 and 6-10-2003 and the colleges have not granted admission to the students and, therefore, sought for admissions to balance of 35% management seats for which provisional admissions are given. This Court by an order made on 22-9-2003 directed that status quo shall be continued until further orders.
5. The stand of the State is that students have to be admitted in terms of the directions issued by this Court in Islamic Academy of Education case (2003) 6 SCC 697 and thereby they have an option to get 50% of the students. Inasmuch as a Joint Admission Committee has been constituted and that a Joint Admission Committee is making the recommendations not only on behalf of the Government but also on behalf of the management, the entire admission can be done by them.
6. In the working of directions regarding admissions to professional or other colleges as fall (sic laid) out in T.M.A Pai Foundation case (2002) 8 SCC 481, clarifications were sought from this Court in Islamic Academy of Education case (2003) 6 SCC 697. By the time Islamic Academy of Education case (2003) 6 SCC 697 was decided, certain directions had been issued by the Government pursuant to which 15 to 20% seats had already been filled up by the management. If these seats have already been filled up pursuant to the government order dated 9-5-2003, it would not be appropriate to disturb their admissions if such students are otherwise qualified as per the standard prescribed by the Medical Council of India in medical colleges or any other such or similar body prescribing standard for admission in respect of other institutions. No entrance examination has been held in the State of Gujarat and students are being admitted on the basis of the marks obtained in the XIIth standard examination and of course subject to the standard prescribed by the relevant medical or technical education council or some other similar body and particularly in view of the fact that this Court has allowed the management to fill up the seats up to 50% of the seats, it must be stated that the admissions can be made by the management up to 50% but it will of course include the 15 to 20% seats which they have already admitted, that means, their quota left over will be only 35%. If nominations have been made either by the management or by the Joint Admission Committee before 30-9-2003 the same shall be treated as having complied with the directions issued by this Court in MCI v. Madhu Singh case (2002) 7 SCC 258 to which reference has already been made and admissions shall be completed on that basis. No fresh admissions shall be made until the disposal of the proceedings before the High Court. These petitions shall stand disposed of on the basis of these directions. We have not specifically gone into the merits of the case inasmuch as the proceedings arise out of the interim orders made by the High Court and the matters are still pending before the High Court and they are to be decided by the High Court appropriately after examining all aspects and any expression or opinion on this aspect will not be in the interest of justice. These petitions shall stand disposed of accordingly.