Modern Dental College & Research Center & Anr. v. State of Madhya Pradesh and Ors. Interlocutory Application No. 83 of 2015
ORDER
He-ard 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."
1. It would be pertinent to note that a similar prayer was made in
l.A.No.74 of2014 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 2016-1 7.
2. 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 rni 12th
February, 2015.
3. There is no prayer in the present application for holding an
examination for giving admission to students for the Academic Year
2016-1 7 in consonance with the arrangement which had been made in
the interim order dated 27th May, 2009. ~ -
MODERN DENTAL COLLEGE & RESEARCH CENTER v.
STATE OF MADHYA PRADESH
4. 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.
5. 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.
6. We _n1ay record that a fervent plea was made by the learned
senior counsel for the applicants to extend the date of conducting the
examination ti II 31st March, 20 16. 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.
7. 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.
8. 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 availabie
at present.
9. fn 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.
577
578 SUPREME COURT REPORTS [2016) 3 S.C.R.
A I 0. 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.
11. In view of the above interim order, Interlocutory Application
No.83 of2015 stands disposed of.
Nidhi Jain I. A. disposed of.
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