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2004 DIGILAW 1141 (SC)

KARNATAKA PRIVATE MEDICAL COLLEGES ASSOCIATIONS v. State of Karnataka

2004-09-03

ARUN KUMAR, RUMA PAL

body2004
ORDER 1. ISSUE RULE NISI. 2. INTERIM ORDER PASSED BY CONSENT IS AS FOLLOWS: THIS MEMO IS FILED WITHOUT PREJUDICE TO THE RESPECTIVE CONTENTIONS OF THE PARTIES REGARDING THE VALIDITY OF ACT 24 OF 2004 AND OTHER ISSUES PENDING BEFORE THE LARGER BENCH OF THE SUPREME COURT. IN TERMS OF THE CONSENSUS ARRIVED IN THE COURSE OF DISCUSSIONS/DELIBERATIONS HELD ON 31-82004, TAKING NOTE OF THE TIME CONSTRAINT (DEADLINE OF 30-9-2004) SET BY THE REGULATORY AUTHORITIES (MCI AND DC I) AND THE UNCERTAINTIES FACED BY THE STUDENT COMMUNITY, AND ALSO CONSIDERING THE NEED TO REDRESS AND ACCOMMODATE ALL STUDENTS SELECTED AND ALLOTTED, BY THE GOVERNMENT CET CELL AS WELL AS PRIVATE MANAGEMENTS, BOTH PARTIES HAVE AGREED TO ADOPT AS A ONE-TIME MEASURE FOR THE ACADEMIC YEAR 2004-2005 AS UNDER: THAT THE SEAT SHARING FOR THE CURRENT YEAR (2004-2005) SHALL BE IN THE RATIO OF 50:50 BETWEEN GOVERNMENT AND PRIVATE UNAIDED NON MINORITY INSTITUTIONS AS PER THE INTERIM ORDERS OF THIS HONBLE COURT. THE PRIVATE MANAGEMENTS HAVE INFORMED THEIR AGREEMENT TO THE GOVERNMENT THAT THEY WOULD SELECT/ADMIT AGAINST THEIR VACANCIES UP TO AN EXTENT OF 10% OF THEIR TOTAL INTAKE OF THE RESPECTIVE MEDICAL AND DENTAL COLLEGES FROM OUT OF THEIR QUOTA, THE CANDIDATES WHO HAVE APPEARED IN CET CONDUCTED BY THE STATE GOVERNMENT ON THE BASIS OF A MERIT. SINCE THE COUNSELING IS AT AN ADVANCED STAGE AND AS A MATTER OF CONVENIENCE, THE MANAGEMENTS WOULD FOR THE PRESENT, ADMIT THESE STUDENTS FROM THE LIST PREPARED/THAT MAY BE SENT BY THE CET CELL. 3. THE MANAGEMENTS OF ENGINEERING COLLEGES WILL ALSO ACCORDINGLY GIVE ADMISSIONS UP TO AN EXTENT OF 15% OF THE TOTAL INTAKE OF THE RESPECTIVE COLLEGE OUT OF THEIR QUOTA, TO THE GOVERNMENT CET STUDENTS (KARNATAKA DOMICILED), AND MAY ADDITIONALLY GIVE UP TO 10% OF THE TOTAL INTAKE OF THE RESPECTIVE COLLEGE OUT OF THEIR QUOTA IN THEIR ENGINEERING COLLEGES TO NON- KARNATAKA STUDENTS, ON THE BASIS OF GOVERNMENT CET RANKING. 4. IA NO. OF 2004 (BRIJ MOHAN AGRAWAL) IS DISMISSED AS WITHDRAWN. 5. WP (C) NO. 418 OF 2004 IS DISMISSED AS WITHDRAWN. 6. LIST WRIT PETITIONS (C) NOS. 385 AND 400 OF 2004 ON NEXT FRIDAY. COURT MASTERS