R.D.Gardi Medical College & Anr.Etc vs State Of M.P.& Ors

2. These appeals are directed against an order dated 30th July, 2010 passed by the High Court of Madhya Pradesh in Writ Petitions Nos. 6876 and 8979 of 2009 whereby a total of 15 seats in the 1st year MBBS course have been directed to be reduced from out of the management quota of the appellant-college for the academic session 2010-2011, with a direction to the Admission and Fee Regulator Committee to ensure that the order passed by the Court is carried out in letter and spirit. The facts giving rise to the filing of the writ petitions may be summarized as under:

4. By an order dated 22nd April, 2009 passed by the High Court in Writ Petitions No.5592 of 2008 and 5624 of 2008, on the analogy of the order of this Court extracted above two more seats against which the said petitioners were admitted without satisfying the essential condition of eligibility were also directed to be reduced from management quota of the appellant-college for the academic session 2009-2010 thereby taking the total number of seats to be reduced from the quota of the management to 21.

5. On the receipt of the orders abovementioned the Medical Council of India sent a communication dated 26th May, 2009 requesting the Principal Secretary, Government of Madhya Pradesh and the Director of Medical Education, Madhya Pradesh to fill up 21 seats (19 admission as per the Order of this Court dated 4th September, 2008 and 2 admission as per the order dated 22 nd April, 2009 passed by the High Court of Madhya Pradesh) through MPCET entrance test for the academic session 2009-2010. Writ Petition No.2732 of 2009 filed by the private educational institutions before the High Court of Madhya Pradesh challenging the constitutional validity of what is known as "M.P. Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007"

6. The Government of Madhya Pradesh constituted a Counseling Committee comprising of nine bureaucrats and the Secretary of the Association. The said Committee undertook an exercise for distribution and allocation of seats in the appellant-college for the academic session 2010-11 in compliance with order dated 4th September, 2008 passed by this Court and that passed by the High Court of Madhya Pradesh on 22nd April, 2009. We shall presently deal with the allocation so made by the Committee but before we do so we need to point out that Writ Petition No.8979 was filed by Nidhi Ahankari and another in public interest, inter alia, praying for a writ of certiorari quashing the allocation and distribution of seats made by the appellant-college and a mandamus directing that 46 seats of the said college and 21 seats of management quota making a total of 67 seats be filled up by the State Government on the basis of the merit of the candidates in the PMT quota. The writ petition alleged that the allocation of seats between the management and the State was not proper nor was the reduction of 21 seats from the management quota given effect to as directed by this Court. The result, alleged the petitioners, was that the meritorious candidates entitled to said quota were deprived of admission to the appellant-college.

10. The present appeals, as noticed earlier assail the correctness of the above directions.

(emphasis ours)

20. In the result there is no merit in these appeals which fail and are hereby dismissed with costs assessed at Rs.50,000/-. The costs shall be paid to the writ petitioners in equal proportion.