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2004 DIGILAW 1198 (SC)

RKDF DENTAL COLLEGE & RESEARCH CENTRE v. State Of M. P.

2004-09-13

D.M.DHARMADHIKARI, Y.K.SABHARWAL

body2004
ORDER 1. THE STATE OF MADHYA PRADESH HAS FILED IA NO. 4 IN WRIT PETITION (CIVIL) NO. 380 OF 2004 PRAYING THEREIN THAT THE ORDER PASSED BY THIS COURT ON 10-8-2004 BE CLARIFIED TO THE EXTENT THAT MANAGEMENT SEATS ALREADY FILLED UP BEFORE 10-8-2004 BE NOT DISTURBED. MR. TANKHA, THE LEARNED SENIOR COUNSEL APPEARING FOR THE PETITIONER, HAS BROUGHT TO OUR NOTICE CERTAIN FACTS. THEY ARE: THAT THE STATE GOVERNMENT HAD SENT THE MIMES OF 65 CANDIDATES AFTER FIRST COUNSELLING BETWEEN 23-7-2004 AND 30-7-2004, FOR BEING FILLED UP UNDER THE MANAGEMENT QUOTA. FIFTY-ONE STUDENTS, OUT OF 65, REPORTED. AFTER THE COUNSELLING FOR STATE QUOTA SEATS, BETWEEN 25-8-2004 AND 31-8-2004, NAMES OF 35 CANDIDATES WERE SENT FOR BEING FILLED UP UNDER THE STATE QUOTA, OUT OF THEM 20 STUDENTS REPORTED. THERE ARE THUS 29 SEATS WHICH ARE STILL TO BE FILLED, THE TOTAL INTAKE SEATS BEING ONE HUNDRED. 2. MR AGNIHOTRI, LEARNED COUNSEL APPEARING FOR THE STATE STATES THAT ACCORDING TO HIS INSTRUCTIONS THE MANAGEMENT IS NOT GIVING ADMISSION TO CERTAIN STUDENTS WHOSE NAMES WERE SENT BY THE STATE GOVERNMENT. IT IS, OF COURSE, DENIED BY LEARNED COUNSEL FOR THE PETITIONER. THE STATE GOVERNMENT SHALL SEND WITHIN FOUR DAYS THE NAMES OF THE SAID STUDENTS, WHO HAVE BEEN DENIED ADMISSION AS PER THE STATE GOVERNMENT, EITHER UNDER THE STATE QUOTA OR THE MANAGEMENT QUOTA. MR. TANKHA STATES THAT THE MANAGEMENT WOULD GIVE ADMISSION TO ALL SUCH CANDIDATES IN RESPECT OF WHOM NAMES MAY NOW BE SENT BY THE STATE WITHIN FOUR DAYS. FOUR DAYS ARE FIXED FOR SENDING NAMES BY THE STATE AND FOUR DAYS FOR THE CANDIDATES TO JOIN. MR. TANKHA FURTHER STATES THAT THE ADMISSION ALREADY GRANTED WOULD NOT BE DISTURBED. IT IS ALSO AGREED BETWEEN THE PARTIES THAT THE REMAINING SEATS, AFTER THE EXPIRY OF 4 DAYS, WOULD A BE FILLED BY THE MANAGEMENT, ON MERITS, IN TERMS OF THE ORDERS ALREADY PASSED. THIS ORDER WOULD MEET THE ENDS OF JUSTICE, INSOFAR AS, IA NO. 4 IN WRIT PETITION (CIVIL) NO. 380 OF 2004 IS CONCERNED. 3. INSOFAR AS WRIT PETITION (CIVIL) NO. 416 OF 2004 IS CONCERNED, A SIMILAR STAND IS TAKEN BY MR AGNIHOTRI. THERE TOO THE STATE SHALL SEND THE NAMES OF THE CANDIDATES WITHIN FOUR DAYS WITH STIPULATION TO THE STUDENTS TO REPORT WITHIN FOUR DAYS THEREAFTER. 4 IN WRIT PETITION (CIVIL) NO. 380 OF 2004 IS CONCERNED. 3. INSOFAR AS WRIT PETITION (CIVIL) NO. 416 OF 2004 IS CONCERNED, A SIMILAR STAND IS TAKEN BY MR AGNIHOTRI. THERE TOO THE STATE SHALL SEND THE NAMES OF THE CANDIDATES WITHIN FOUR DAYS WITH STIPULATION TO THE STUDENTS TO REPORT WITHIN FOUR DAYS THEREAFTER. THE SEATS STILL REMAINING VACANT WOULD BE FILLED BY THE MANAGEMENT ON MERITS, IN ACCORDANCE WITH THE ORDERS ALREADY PASSED. THERE TOO THE ADMISSION ALREADY GRANTED WOULD NOT BE DISTURBED. 4. THE AFORESAID INTERIM DIRECTIONS HAVE BEEN PASSED IN THE PECULIAR FACTS OF THE CASE WITHOUT BEING TREATED AS A PRECEDENT AND WITHOUT PREJUDICE TO THE RIGHTS AND CONTENTIONS OF THE PARTIES. 5. THE INTERVENTION AND IMPLEADMENT APPLICATIONS ARE DISPOSED OF IN THE ABOVE TERMS. 6. IN WRIT PETITION (CIVIL) NO. 463 OF 2004, IT IS AGREED THAT FOR INTERIM DIRECTIONS, THE ORDER DATED 10-8-2004 WOULD BE APPLICABLE. COURT MASTERS