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2005 DIGILAW 1454 (SC)

Maince Devadiya v. State of Madhya Pradesh

2005-09-12

C.K.THAKKER, R.V.RAVEENDRAN, Y.K.SABHARWAL

body2005
ORDER : Y.K. Sabharwal, J. The petitioner was high-up in ranking for admission to the first year MBBS course in Shri Arvindo Institute of Medical Sciences, Indore, Respondent 4, for the academic year 2004-2005. In fact, learned counsel for the said Institute stated before the High Court, on 3-3-2005, in Writ Petition No. 3796 of 2003 that the Institute is agreeable to admit the petitioner in one vacant seat provided the court issues a direction in that regard. The said direction could not be issued by the High Court in view of the decisions of this Court in Medical Council of India v. Madhu Singh, (2002) 7 SCC 258 . and Mridul Dhar v. Union of India, (2005) 2 SCC 65 . In view of these decisions, the aforesaid writ petition was withdrawn by the petitioner and the present petition under Article 32 of the Constitution was filed seeking direction to Respondent 4 Institute to give admission to the petitioner in the current academic year 2005-2006. 2. By order dated 25-8-2005, Islamic Academy of Education v. State of Karnataka, (2007) 15 SCC 693 . this Court directed that one seat should be kept vacant from the State quota. 3. We have heard learned counsel for the parties and also perused the judgment dated 11-5-2005 passed by the High Court in another case, namely, Writ Petition (C) No. 3692 of 2004. In the said judgment, the management quota of 50 seats has been transferred to the State. The State Government, having regard to the peculiar facts of this case, is ready and willing to give admission to the petitioner in the current academic year 2005-2006 provided the State Government is given one seat out of the management quota in the next academic year 2006-2007. 4. The aforesaid judgment dated 11-5-2005 was passed on consideration of the report submitted by the Director of Medical Education. The conclusion reached in the said decision is that the total number of seats admitted in illegal manner were found to be 50 for the year 2004-2005. It is for this reason that in the present year those 50 seats have been transferred to be filled in by the State Government. It is, however, not clear whether the said number of 50 seats include in it the non-grant of admission to the petitioner in the year 2004-2005 and instead grant of admission to someone else. It is for this reason that in the present year those 50 seats have been transferred to be filled in by the State Government. It is, however, not clear whether the said number of 50 seats include in it the non-grant of admission to the petitioner in the year 2004-2005 and instead grant of admission to someone else. In case, this particular seat is part of the 50 seats taken into consideration in the report referred to in the decision dated 11-5-2005, there would be no question of any further adjustment being given by the management to the State in the next Academic Year 2006-2007. On the other hand, if it has not been taken into consideration, it will be obligatory for the management to give adjustment of one seat to the State in the next academic year. On this aspect, it would be for the Director of Medical Education to examine the matter and take a decision, after hearing all concerned. The petitioner, of course, is not concerned with this controversy. 5. For the aforesaid reasons, we dispose of the writ petition by directing that the petitioner shall be granted admission in Respondent 4 Institute in the first year of MBBS course out of State quota, within sanctioned annual intake, for the academic year 2005-2006. 6. The petitioner would comply with all the requirements of the Institute as per law.