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    Peoples University v. Union Of India

    1. The petitioner prayed a relief in this petition that the petitioner be permitted to fill up the vacant Medical and Dental Post Graduate Seats in constituent units as per advertisement dated 25.5.2016

    2. The Constitutional Bench of the Apex Court vide its order permitted the allotments of students to private medical college in accordance with the result of All India Examination. Hon'ble Supreme Court further directed that seats of private medical Colleges in the State of M.P for Post Graduate Courses be filled up from the students who had passed the All India Examination through counselling which may be conducted by the State Government.

    3. As per the return filed by the State, the Director of Medical Education, M.P issued an advertisement dated 1.4.2016 in regard to first round of counselling through Online. After completion of first round of counselling second advertisement was issued on 7.5.2016 for holding second round of offline counselling and after completion of second round of counselling an advertisement for third round of offline counselling was issued on 21.5.2016 and in pursuant to the aforesaid counselling out of 42 Posts Graduate Seats only 22 seats were filled up and 20 seats remained vacant in Dental Courses. Out of 189 seats only 10 seats could be filled up and 179 seats are remained vacant. The relevant pleading in the return filed by the State Government in para 9, 10 and 11 are as under:—

    9. That on consideration of the aforesaid facts, it is clear that, the humble respondents have concluded the counselling as per the schedule fixed by the Hon'ble Supreme Court and same was completed on 31.5.2016 That in relation to the present petitioner, it would be relevant here to mention that out of 42 Post Graduate seats available at the initiation of the counselling only 22 seats could be filled up and 20 seats remained vacant. In the similar manner in relation to Dental Courses, as is clear from the petitioners' own assertion there were 31 seats, in the People College of Dental College and 20 seats in People Dental Academy and none of the seats was filled up. It is worthwhile here to mention here that in the Private Colleges of the state of M.P, the total Post Graduate seats for 2016-17, in the detal course were 189 and after completion of counselling, 179 seats remained vacant and only 10 seats could be filled up.

    10. That at this juncture, it would be suffice here to mention that there were only 42 Registration of MDS course and out of those 42 registration, certain students have opted for the seats available in the Government Dentistry College, Indore. The copy of allotment in relation to P.G course private Medical Colleges, is being filed herewith as Annexure R/4.

    11. That the grievance of the petitioner that it seats could not be filled up due to answering respondents is specifically denied. It is relevant to here to mention that there were total 1024 registration for MD/MS/Diploma courses and during the counselling, students/seats were allotted as per inter - se merit and choices of the students. It would be relevant to mention that even in 5 Medical Colleges of the State of M.P all the seats could not be filled up and 30 seats are still vacant, which itself indicates that, even in the Government Medical Colleges, the seats are vacant. The copy of seat allotment and the vacancy position in different Govt. Medical College for 31.5.2016 is being filed herewith as Annexure R/5.

    The petitioner pleaded in this petition that following seats of Post Graduate Courses remain vacant in the Medical Colleges of the petitioner:—

    SS. No.Name of Constituent UnitNumber of vacant seats1Peoples College of Medical Council and Research Centre162Peoples College of Dental Council and Research Centre313People Dental Academy22

    4. As per judgment of the Apex Court the last date for completion of admission in P.G Course is 31.5.2016 It is informed by learned counel appearing on behalf of Dental Council of India that the Apex Court further extended the date for a period of four weeks. However, that period has already been over. Because the time limit in regard to taking admission in Post Graduate Course as fixed by the Apex Court has already been expired, hence no relief can be granted in favour of the petitioner in this petition.

    5. It is hereby dismissed.

    6. No order as to costs.

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    Peoples University v. Union Of India
    (Jul 19, 2016)