Order dated 26-3-2010
(Before K.G Balakrishnan, C.J and J.M Panchal and Deepak Verma, JJ.)
IAs Nos. 9-49 of 2009 in Civil Appeal No. 4060 of 2009
1. Interim order passed by this Court on 27-5-20091 will continue for this academic year i.e 2010-2011. The matter is referred to the Constitution Bench. Parties to complete pleadings in the meanwhile.
Order dated 12-2-2015
(Before H.L Dattu, C.J and Dr A.K Sikri and Arun Mishra, JJ.)
IAs Nos. 67-68 & 73-79 in Civil Appeal No. 4060 of 2009
IAs Nos. 77-79
2. By these applications, the applicant(s) seeks the following relief:
“Direct that the interim order dated 27-5-2009 as clarified by the order dated 3-4-2012 made by this Hon'ble Court be extended for the academic session 2015-2016.”
3. The learned Senior Counsel appearing for the applicant(s) submits that the other side has no objection if the interim order dated 27-5-2009 as clarified by the order dated 3-4-2012 made by this Hon'ble Court is extended for the academic session 2015-2016.
4. In view of the submission so made by the learned counsel for the applicants, we direct that the interim order passed on 27-5-2009 as clarified by the order dated 3-4-2012 shall continue for the academic year 2015-2016.
5. IAs Nos. 77-79 stand disposed of.
IAs Nos. 73-76
6. Dismissed.
IAs Nos. 67-68
7. List these applications along with the main matter.
Order dated 16-3-2016
(Before Anil R. Dave, Dr A.K Sikri, R.K Agrawal, Adarsh Kumar Goel and R. Banumathi, JJ.)
Civil Appeal No. 4060 of 2009 with CAs Nos. 2871-74 of 2007, 4061-65 of 2009, SLPs (C) Nos. 28576, 29875-76, 30058-59, 30089-90 of 2009, 686, 2203-2204, 16805 of 2010, 8037, 8926, 23925 of 2011, 30793 of 2012, TPs (C) Nos. 1779-1789 of 2013, RP (C) No. 1956 of 2013 in TC (C) No. 101 of 2012, SLPs (C) Nos. 4875, 33075, 33124 of 2013, WPs (C) Nos. 490 of 2014, 883 of 2013, RPs (C) Nos. 2159-2268, 2048-2157 of 2013 in TCs (C) Nos. 98-105, 107-108, 110-139, 142, 144-145 of 2012 & 1-5, 7-25, 28-49, 53, 58-73, 75-76 & 107-108 of 2013
CAs Nos. 4060-65 of 2009
8. Dr Rajeev Dhavan, learned Senior Counsel, resumed his arguments from 10.45 a.m to 11.15 a.m Then, Mr Saurabh Mishra, learned counsel, made his submissions till 11.15 a.m Then, Mr K.K Venugopal, learned Senior Counsel, addressed the Court from 11.30 to 12.50 p.m Then, Mr Vikas Singh made his submissions for few minutes. Thereafter, Dr Rajeev Dhavan, resumed his arguments and concluded at 4.00 p.m
9. Hearing concluded. Judgment reserved.
IAs Nos. 67-68 in CA No. 4060 of 2009
10. The learned counsel appearing for the applicants seeks permission to withdraw these applications as on the same subject he had already approached the High Court. Permission is granted. The applications are accordingly disposed of as withdrawn.
IA No. 83 of 2015 in CA No. 4060 of 2009
11. List this application tomorrow i.e on 17-3-2016, for orders.
IAs Nos. 87 and 88 of 2016 in CA No. 4060 of 2009
12. Ms Pragati Neekhra, learned counsel appearing for the applicants, has fairly submitted that these applications are premature, therefore, seeks permission to withdraw these applications with a liberty to approach the appropriate forum at an appropriate time. Permission is granted. The applications are accordingly disposed of as withdrawn.
CAs Nos. 2871-74 of 2007, SLPs (C) Nos. 28576, 29875-76, 30058-59, 30089-90 of 2009, 686, 2203-204, & 16805 of 2010, 8037, 8926 & 23925 of 2011 and 33075 & 33124 of 2013 and WPs Nos. 490 of 2014 & 883 of 2013
13. De-tagged.
SLP (Civil) No. 30793 of 2012
14. As the present special leave petition has been filed against the interim order, we are not inclined to entertain the petition, particularly when the issue has become infructuous. The special leave petition is accordingly dismissed as such.
Transfer Petitions (Civil) Nos. 1779-89 of 2013
15. The transfer petitions are disposed of as withdrawn in terms of the signed order.
SLP (Civil) No. 4875 of 2013
16. By efflux of time, this petition has become infructuous. The special leave petition is dismissed as such.
RP No. 1956 of 2013 in TC (C) No. 101 of 2012 and RPs (C) Nos. 2159-268 & 2048-157 of 2013 in TCs (C) Nos. 98-105, 107-108, 110-139, 142, 144-145 of 2012 and 1-5, 7-25, 28-49, 53, 58-73, 75-76 & 107-108 of 2013
17. List these matters tomorrow i.e on 17-3-2016.
Order dated 17-3-2016
(Before Anil R. Dave, Dr A.K Sikri, R.K Agrawal, Adarsh Kumar Goel and R. Banumathi, JJ.)
IA No. 83 of 2015 in Civil Appeal No. 4060 of 2009
18. Heard the learned counsel.
19. The following prayer is made in this application:
“(a) Direct that for the academic session 2016-2017, the admission for all the seats in the private colleges in undergraduate and postgraduate courses would be given only on the basis of the common entrance test conducted by Apdmc i.e SSET, DMAT and Pre-Pgdmat.”
20. It would be pertinent to note that a similar prayer was made in IA No. 74 of 2014 and the said application had been dismissed by an order dated 12-2-20152. The said IA had been filed with respect to admission of students for the academic year 2015-2016 whereas the present application is in respect of admission of students for the academic year 2016-2017.
21. It has been brought to our notice by the learned counsel appearing for the State of Madhya Pradesh that no averment has been made with regard to the earlier application i.e IA No. 74 of 2014, which had been filed by the present applicants and was dismissed on 12-2-2015. There is no prayer in the present application for holding an examination for giving admission to students for the academic year 2016-2017 in consonance with the arrangement which had been made in the interim order dated 27-5-2009. That apart, we also find that as per the provisions of the Postgraduate Medical Education Regulations, 2000, as amended from time to time, examination for admitting students for postgraduate studies should have been concluded before 15-2-2016. 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 15-2-2016, lapsed much earlier. Allowing the applicants to conduct the examination at this stage will disturb the entire schedule of admission stipulated in the aforesaid Regulations.
22. According to the aforesaid Regulations, the first round of counselling/admission has to be concluded between 4-4-2016 to 15-4-2016, which is the next step.
23*. 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 31-3-2016. 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 4-4-2016 and conclude the same by 15-4-2016.
24. As per the interim arrangement made under the order dated 27-5-2009, the medical colleges of the State of Madhya Pradesh are permitted to admit 50% of the students in pursuance of 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.
25. 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.
26. In the aforesaid circumstances, we permit the applicants, to select candidates, on the basis of their inter se merit, for admission to 2016-2017 batch of postgraduate 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 medical college concerned.
27. In view of the above interim order, Interlocutory Application No. 83 of 2015 stands disposed of.