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.