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2004 DIGILAW 1341 (SC)

PUSHPAGIRI MEDICAL SOCIETY v. State Of Kerala

2004-09-27

D.M.DHARMADHIKARI, Y.K.SABHARWAL

body2004
ORDER 1. APPLICATION FOR IMPLEADMENT IS ALLOWED. IA NO.2 IN WP (C) NO. 347 OF 2004 2. THE PRAYER IN THIS APPLICATION IS TO STAY THE COMMUNICATION DATED 6-82004 SENT TO THE PETITIONER BY THE GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, WHICH, IN TURN, IS BASED ON THE LETTER OF THE MEDICAL COUNCIL OF INDIA DATED 23-7-2004, STATING THAT IN THE ACADEMIC YEAR 2003-2004 THE COLLEGE HAD ADMITTED STUDENTS FOR THE FIRST YEAR OF MBBS COURSE IN EXCESS OF FIFTY PER CENT OF THE MANAGEMENT QUOTA TO THE EXTENT OF SEVEN SEATS. THE LETTER IN QUESTION REQUIRES THE COLLEGE TO CORRESPONDINGLY INCREASE THE STATE QUOTA BY SEVEN SEATS IN THE ACADEMIC YEAR 2004-2005 AND, RESULTANTLY, DECREASE THE MANAGEMENT QUOTA TO 43. 3. ON INSTRUCTIONS, MR HARISH N. SALVE, LEARNED SENIOR COUNSEL, WITHOUT GOING INTO THE CONTENTIONS RAISED IN THE APPLICATION, STATES THAT THE COLLEGE WOULD GIVE THIS ADJUSTMENT IN THE NEXT ACADEMIC YEAR I.E. 2005-2006, IN CASE THE VALIDITY OF THE STATE QUOTA FOR THE YEARS IN QUESTION IS UPHELD IN THE MATTERS WHICH ARE PENDING IN THIS COURT. 4. IN VIEW OF THIS STATEMENT OF LEARNED COUNSEL, WE DISPOSE OF THIS APPLICATION IN TERMS THEREOF. THE ADJUSTMENT ABOVE WOULD BE GIVEN IN THE NEXT ACADEMIC YEAR. 5. IN VIEW OF THE ABOVE ORDER PASSED IN IA NO.2 IN WP (C) NO. 347 OF 2004, THESE IAS ARE DISPOSED OF.