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Manipal Academy of Higher Education Vs. State of Karnataka [1993] INSC 511 (30 November 1993)

MOHAN, S. (J) MOHAN, S. (J) JEEVAN REDDY, B.P. (J) CITATION: 1994 SCC (2) 200 1993 SCALE (4)690

ACT:

HEADNOTE:

ORDER 1.Mr M.L. Verma, learned Senior Counsel appearing for the Medical Council of India, which was not represented on the previous occasion when we passed the order dated November 26, 1993, submits that the Medical Council of India does not have the infrastructure to conduct the examination. This is not denied by the other learned counsel. In view of this we have to make necessary alternative arrangements. We hereby direct that from out of the list of students admitted to the MBBS course as furnished by the State of Karnataka, we had earlier restricted the number of admissions to 180 out of the remaining 200, the petitioner-institution shall admit all the students listed therein.

2.The remaining 200 seats shall be filled from out of the list prepared by the Director General of Health Services, Ministry of Health, Government of India for filling up the 15 per cent All India quota. It is open to the Reported at (1993) 4 SCC 788 From the Judgment and Order dated October 12, 1993 of the High Court of Karnataka in Writ Petition No. 33851 of 1993 Ed.: Annexed herewith 201 petitioner-institution to admit the students who had obtained 50 per cent and above marks. Here also the admission shall be in the order of merit. The petitioner- institution shall advertise in all the leading national English dailies on or before December 5, 1993, so that the students who are scattered all over India may get due notice. Such of those students who are desirous of joining the course shall respond on or before December 15, 1993 to the petitioner-institution. A copy of such response shall also be sent to the Secretary, Education Department, Government of Karnataka, Bangalore. They will be admitted on payment of such fees as is fixed by the University Grants Commission. In order to facilitate the admission of the students the Director General of Health Services, Ministry of Health, Government of India, shall furnish forthwith a list of students who had obtained 50 per cent and above marks including the waiting list. Whatever cooperation Is requested by the petitioner-institution that will be rendered by the Director General, Health Services.

3. In view of the above order (a) Paragraph 7 of our order dated November 26, 1993, shall stand deleted.

(b) At the end of paragraph 6 the following sentence shall be added:

"The fixation may be done for the present for this academic year alone." (c) In paragraph 8 sub-para (2) the figure of Rs 10,000 shall read as Rs 1000.

4. List on December 17, 1993, in Chambers at 1.30 p.m. for further directions, if any.

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