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2005 DIGILAW 1111 (SC)

KARNATAKA (P) MEDICAL COLLEGES ASSN. v. State of Karnataka

2005-07-15

G.P.MATHUR, Y.K.SABHARWAL

body2005
ORDER 1. IA NO.4 HAS BEEN FILED BY THE KARNATAKA PRIVATE MEDICAL COLLEGES ASSOCIATION PLACING ON RECORD A JOINT MEMO ENTERED INTO BETWEEN THE KARNATAKA PRIVATE MEDICAL AND DENTAL COLLEGES ASSOCIATION AND THE. GOVERNMENT OF KARNATAKA PERTAINING TO ADMISSIONS IN MEDICAL AND DENTAL COURSES SETTING OUT THEREIN THE RATIO OF SEAT SHARING AND FEES TO BE CHARGED SUBSTANTIALLY ON THE SAME BASIS AS WAS IN THE PREVIOUS ACADEMIC YEAR. THIS JOINT MEMO PERTAINS TO THE PRESENT ACADEMIC YEAR I.E. 2005-2006. IAS NOS. 6 AND 8 HAVE BEEN FILED BY THE STUDENTS WHO WERE ADMITTED IN THESE COURSES IN ACADEMIC YEAR 2004-2005. WE ARE TOLD THAT TWO OF THE APPLICANTS IN IA NO.6 E ARE NON-KARNATAKA STUDENTS SEEKING ADMISSION IN MEDICAL COURSE FOR THE PRESENT ACADEMIC YEAR. 2. HAVING REGARD TO THE FACT THAT MANY OF THE ISSUES IN RELATION TO FEE AND SEAT SHARING ARE PENDING DECISION OF THIS COURT BEFORE A SEVEN-JUDGE CONSTITUTION BENCH, WE DEEM IT APPROPRIATE TO PERMIT THE APPLICANTS AND THE STATE GOVERNMENT TO REGULATE ADMISSIONS IN THE MEDICAL AND DENTAL COURSES ON THE BASIS OF THE JOINT MEMO IN ACADEMIC YEAR 2005-2006. THE OBJECTIONS OF THOSE STUDENTS WHO JOINED THESE COURSES IN ACADEMIC YEAR 2004-2005 HAVE NO RELEVANCE FOR THE DIRECTIONS TO BE ISSUED FOR THE PRESENT YEAR, SO ALSO THE OBJECTIONS OF NON-KARNATAKA STUDENTS. BE THAT AS IT MAY, WHILE PERMITTING ADMISSIONS TO BE REGULATED BY THE JOINT MEMO, WE CLARIFY THAT IT WOULD HAVE NO EFFECT ON THE PENDING MATTERS I.E. SLPS (C) NOS. 20377-85 OF 2004 AND OTHER CONNECTED MATTERS, WHERE THE JUDGMENT OF THE KARNATAKA HIGH COURT IS UNDER CHALLENGE. 3. THE INTERLOCUTORY APPLICATIONS ARE DISPOSED OF ACCORDINGLY. 4. HAVING HEARD THE LEARNED COUNSEL, WE DIRECT THAT IN CASE ADJUSTMENT OF SEATS IS REQUIRED TO BE GIVEN IN TERMS OF ORDER DATED 27-9-2004 IN IAS NOS.2 AND 3 IN WP (C) NO. 378 OF 2004, IT WOULD BE GIVEN IN THE NEXT ACADEMIC YEAR I.E. 2006-2007. IN TERMS OF THE ORDER DATED 27-9-2004, IT WAS REQUIRED TO BE GIVEN IN CASE IT BECAME NECESSARY DURING THE PRESENT ACADEMIC YEAR. 5. THE IA IS DISPOSED OF ACCORDINGLY. FA NO. 23 IN SLP (C) NO. IL244 012004 6. 378 OF 2004, IT WOULD BE GIVEN IN THE NEXT ACADEMIC YEAR I.E. 2006-2007. IN TERMS OF THE ORDER DATED 27-9-2004, IT WAS REQUIRED TO BE GIVEN IN CASE IT BECAME NECESSARY DURING THE PRESENT ACADEMIC YEAR. 5. THE IA IS DISPOSED OF ACCORDINGLY. FA NO. 23 IN SLP (C) NO. IL244 012004 6. LEARNED COUNSEL FOR THE APPLICANT POINTS OUT THAT A WRONG JOINT MEMO HAS BEEN FILED, THAT IS, INSTEAD OF THE JOINT MEMO ENTERED INTO BETWEEN MINORITY COLLEGES AND THE STATE GOVERNMENT, THE JOINT MEMO ENTERED INTO BETWEEN THE NON-MINORITY COLLEGES AND THE STATE GOVERNMENT HAS BEEN FILED. WE PERMIT THE LEARNED COUNSEL TO PLACE THE CORRECT MEMO ON RECORD. LEARNED COUNSEL FOR THE STATE OF KARNATAKA HAS NO OBJECTION TO IT. 7. THE INTERLOCUTORY APPLICATION IS DISPOSED OF IN TERMS OF THE ORDERS PASSED IN IA NO.4 OF 2005 IN WP (C) NO. 378 OF 2004. COURT MASTERS