Modern Dental College
and Research Centre and Others Vs. State of Madhya Pradesh and Others
O R D E R
Dalveer Bhandari, J.
order would dispose of I.A. Nos.51-52 of 2011 in Civil Appeal No.4060 of 2009.
appellants, Modern Dental College and Research Centre and others in I.A.
Nos.51-52 of 2011 have filed these applications for modification of the scheme
contained in the order dated 27.5.2009. It is prayed that the appellants be permitted
to fill the Non-Resident Indian (for short NRI) seats at their discretion and
in case sufficient students are not available, the appellants should be at liberty
to admit other students within the NRI quota as per the discretion of the management,
subject to maintaining inter se merit, amongst the students admitted against the
said quota as has been permitted in the past.
main question which has been articulated by the learned counsel for the parties
is regarding the method and procedure for filling the unfilled NRI seats in medical
and dental colleges. The appellants in these appeals are private un-aided medical
and dental colleges or associations of such colleges in the State of Madhya
appellants had challenged the constitutional validity of Madhya Pradesh Niji Vyavsayik
Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk ka Nirdharan) Adhiniyam, 2007
(hereinafter referred to as `the Act'). The Writ Petitions challenging this Act
are pending adjudication before the High Court of Madhya Pradesh at Jabalpur.
court in the case of the appellants decided by this court and reported in Modern
Dental and Research Central and Others v. State of Madhya Pradesh and Others (2009)
7 SCC 751 held that "Both the State Government as well as the Association of
Private Medical and Dental Colleges will hold their own separate entrance examination
for this purpose. As regards "the NRI seats", they will be filled as
provided under the Act and the Rules in the manner they were done
Court made arrangement for the academic year 2009-10. The same arrangement was continued
for the next academic year 2010-2011. The Bench consisting of Hon'ble Mr. Justice
Markandey Katju and Hon'ble Mr. Justice T.S. Thakur in R.D. Gardi Medical College
and Another v. State of Madhya Pradesh and Others (2010) 10 SCC 225 observed in
para 28 as under:- "A plain reading of the above leaves no manner of doubt
that unfilled NRI seats had to be transferred to the general pool to be filled
up on the basis of the merit of the candidates in the State level common entrance
test conducted by Madhya Pradesh Vyavasyik Pariksha Mandal or by any other agency
authorized by the State Government for that purpose. The unfilled seats in the NRI
quota were, therefore, to be treated as a part of the general pool and once
that was done the share of the college in terms of the order passed by this
Court would be 50% out of the said seats. The High Court has, in that view, rightly
held that while the management was justified in filling up 5 unfilled seats in
NRI quota, the remaining 5 could not have been filled up otherwise than on the basis
of the entrance test referred to in Rule 8."
on 27.1.2011 the same arrangement was continued for the academic year 2011-12. The
order of this Court dated 27.1.2011 reads as under:- "The order dated 27th
May, 2009 made in Civil Appeal No.4060 of 2009 etc. shall be applicable for the
academic year 2011- 12."
said order was passed after hearing the learned counsel for the parties. No application
for modification of this order was filed immediately after the said order was passed.
The present applications have come up for adjudication before us at a time when
the admission process is likely to be concluded within a few days only. Any
interference at this stage would create insurmountable problems and
difficulties for all concerned.
Court has already ordered that the same arrangement shall be continued for the
academic year 2011-12.
have heard learned counsel for the parties at length. In our considered view,
no interference is called for as far as academic year 2011-12 is concerned.
the facts and circumstances of this case, we deem it appropriate to request the
High Court to dispose of the Writ Petitions filed by the appellants and others
challenging the aforementioned Act as expeditiously as possible so that the controversy
involved in the petition is concluded by a reasoned judgment. The High Court is
requested to decide the case as expeditiously as possible and, in any event, within
two months from the date of the communication of this order.
court has deliberately refrained from giving any observations and findings on arguments
advanced by the learned counsel for the parties because Writ Petitions are pending
in the High Court. We request the High Court to decide the Writ Petitions without
being influenced by any observations made by this Court.
Nos. 51 and 52 are accordingly disposed of and I.A. Nos. 53 and 54 are
permitted to be withdrawn. In the facts and circumstances of this case we
direct the parties to bear their own costs.