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Madhya Pradesh High Court · body

2012 DIGILAW 418 (MP)

Utkarsha Jain v. I. S. Dani

2012-04-18

BRIJ KISHORE DUBE

body2012
ORDER 1. Heard. 2. The petitioner has filed this contempt petition for non-compliance of the order dated 19th December 2011 passed in Writ Petition No.6532/11. 3. The petitioner appeared in an entrance Pre-Medical Test for the purpose of getting admission in MBBS/BDS course in the year 2010. She was placed at S.No.1323 in the list on the basis of marks obtained by her in the test conducted by VYAPAM. The petitioner was called in the counseling and she was offered a seat of BDS in Shri Arvindo Dental College, Indore. As the college was not recognized, hence, the petitioner refused the offer. Consequently, she was treated as wait listed candidate for the next counseling in accordance with the rules named as Madhya Pradesh Private Medical and Dental Under Graduate Course Entrance Examination Rules, 2010 (hereinafter called as “Rules of 2010”). The petitioner was not permitted to participate in the third counseling. Earlier also the petitioner filed a writ petition before this Court. It was registered as Writ Petition No.6098/10 and the same was disposed of by this Court vide order dated 19.9.2011 with the following directions : “At this stage, the petitioner cannot be admitted in 2010 academic session as all the stages of counseling are over and, therefore, this Court is left with no option but to dispose of this petition with a direction that the petitioner be permitted to participate in the counseling to be held before 30.9.2011 on the basis of her merit ranking obtained in the examination held in 2010 (Annexure P-2) for admission to BDS/MBBS Course in any of the private medical colleges. It is made clear that in case the counseling of 2011 is over, the petitioner shall be accommodated on any of the seats lying vacated. No order as to costs. Certified copy as per rules.” 4. Thereafter, the second petition of the petitioner bearing Writ Petition No.6532/11 was disposed of by this Court vide order dated 19.12.2011 with the following directions : “Learned Government Advocate has submitted that the Government had no objection in regard to giving admission to the petitioner in Index Medical College, Indore. Learned counsel for the petitioner has submitted that the petitioner is willing to take admission in Index Medical College, Indore. This Court vide order dated 26.9.2011 directed the respondents to keep one seat of MBBS course vacant. Learned counsel for the petitioner has submitted that the petitioner is willing to take admission in Index Medical College, Indore. This Court vide order dated 26.9.2011 directed the respondents to keep one seat of MBBS course vacant. In view of the order dated 26.9.2011, the petitioner be given admission in MBBS course in Index Medical College, Indore. The petition is disposed of accordingly.” 5. From the aforesaid order passed by this Court, it is clear that the learned Government Advocate made a submission that the Government had no objection in regard to giving admission to the petitioner in Index Medical College, Indore. The allegation in this contempt petition is that the order dated 19.12.2011 was not complied with in spite of an undertaking tendered by the learned Government Advocate before the Court after issuance of notice of this contempt petition. As per the reply filed by the respondents, the Director, Medical Education allotted the course of MBBS to the petitioner at Index Medical College, Indore and the date of allotment has been mentioned as 11th April 2012. The reason for non-allotment of the seat earlier mentioned by the respondents in the reply is that the Director, Medical Education sought instructions from the Medical Council of India after passing of the order of this Court. A copy of the letter written to Medical Council of India dated 8.1.2012 has been filed as Annexure C-3 along with the reply. 6. From the facts of the case, it is clear that in spite of the consent tendered by the learned Government Advocate in regard to giving admission to the petitioner in Index Medical College, Indore, the petitioner was not given admission upto 12th April 2012. A substantial loss has been caused to the petitioner due to the non-issuance of the order of allotment of seat within time. After perusal of the reply of the contempt petition filed by the respondents, in our opinion, the respondents have not offered proper explanation for non-issuance of allotment order to the petitioner within time in spite of tendering undertaking before the Court. Hence, in our opinion, the respondents are liable to pay a cost of Rs.25,000/ to the petitioner for non-compliance of the order within time. Hence, in our opinion, the respondents are liable to pay a cost of Rs.25,000/ to the petitioner for non-compliance of the order within time. Hence, the contempt petition is disposed of with a direction that the respondents shall pay a cost of Rs.25,000/-, Rs.12,500/- each to the petitioner within a period of two months from the date of receipt of certified copy of the order.