High CourtDivision Bench2016-03-17Interlocutory Application No. 83 of 2015 dispos...

MODERN DENTAL COLLEGE & RESEARCH CENTER & ANR. A v. STATE OF MADHYA PRADESH AND ORS.

Case / Petition Number:Civil Appeal No. 4060 of 2009 (Interlocutory Application No. 83 of 2015)

Neutral Citation:[2016] 3 S.C.R. 575

Case Details & Bench

Court: High Court
Hon'ble Judges: Anil R. Dave
A.K. Sikri
R.K. Agrawal
Adarsh Kumar Goel
R. Banumathi
Judgment Date: 2016-03-17
Court Decision / Holding: Interlocutory Application No. 83 of 2015 disposed of. The Court permitted the applicants to select candidates for the 2016-17 batch on the basis of inter-se merit from the list of successful candidates in the All India Examination. The State was directed to conduct counseling and to pay the fees to the concerned medical colleges in line with the interim 2009 arrangement (50% All India, 50% State).
Final Disposition: Interlocutory Application No. 83 of 2015 disposed of; IA disposed; admissions for 2016-17 to be conducted under the interim framework with All India examination merit guiding the selection and state-led counseling and fee collection.

Parties to the Case

Appellants / Petitioners

Modern Dental College & Research Center
Anr.

Respondents

State of Madhya Pradesh
Others

Legal Representation & Advocates

Counsels for Petitioners

• K. K. Venugopal
• Dr. Rajeev Dhawan
• Puneet Jain
• Ms. Pragati Neekhra
• Ms. Pratibha Jain

Counsels for Respondents

• Ms. Pinky Anand (ASG)
• Vikas Singh
• Ms. Vibha Datta Makhija
• Amit Sharma
• Ms. Rekha Pandey
• R. K. Rathor
• R. S. Nagar
• S. S. Rawat
• M. P. Gupta
• Sanchit Kumar
• Ajay Sharma
• Ms. Sunita Sharma
• Ajay Kr. Singh
• R. R. Rajesh
• Gaurav Sharma
• Ms. Deepika Kalia
• Dhawal Mohan
• Prateek Bhatia
• Kapeesh Seth
• Ms. Vara Gaur
• Mishra Saurabh
• Ankit Kr. Lal

Case Synopsis & Summary

Modern Dental College & Research Center and Anr. challenged the admission regime for private medical colleges in Madhya Pradesh for the 2016-17 session, seeking to base undergraduate and postgraduate admissions solely on Common Entrance Tests conducted by APDMC (SSET, DMAT, Pre PGDMAT). The Supreme Court, interpreting the Postgraduate Medical Education Regulations, 2000, observed that the examination for admitting postgraduate students should have concluded by February 15, 2016, and that the first round of counseling was to occur between April 4 and 15, 2016. The applicants had pressed for extending the examination window or for an interim extension to ensure a fair process; however, the Court found that such an extension would be impractical in the given time frame. It noted that the All India Examination had already been held and that the results were declared, with a list of successful candidates available. The Court allowed the applicants to select candidates for the 2016-17 batch on the basis of inter-se merit from that All India list. The State was directed to conduct counseling and to pay the required fees to the respective medical colleges in line with the interim 2009 arrangement: 50% admissions via All India merit and 50% via the State's merit. Consequently, Interlocutory Application No. 83 of 2015 was disposed of, effectively settling the admissions process for that academic year under the interim framework.

Provisions of Law Cited

Postgraduate Medical Education Regulations, 2000

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants sought to direct admissions for the 2016-17 academic session in private colleges to be conducted strictly on the basis of the Common Entrance Tests conducted by APDMC (SSET, DMAT and Pre PGDMAT). They pressed for extending the examination window to ensure a fair and transparent process and requested adherence to the interim arrangements under the 2009 order or sustaining the 50%–50% mix between All India merit and State recommendations. They argued for a streamlined, merit-based admission process with a clear timetable and sought to ensure timely counseling and fee collection.

Contentions of Respondents

The State argued that IA No. 83 of 2015 contained no averments regarding the earlier IA No. 74/2014, and that attempting to push an examination within an extremely shortened time would compromise fairness. It relied on the Postgraduate Medical Education Regulations, 2000 requiring completion of the postgraduate entrance examination by 15 February 2016 and on the interim framework that had allowed 50% of seats via All India examination and 50% via State merit, along with the ongoing All India results and list of successful candidates.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against MODERN DENTAL COLLEGE & RESEARCH CENTER & ANR. A v. STATE OF MADHYA PRADESH AND ORS. and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

[2016] 3 S.C.R. 575 MODERN DENTAL COLLEGE & RESEARCH CENTER & ANR. A v. STATE OF MADHYA PRADESH AND ORS. Interlocutory Application No. 83of2015 B In (Civil Appeal No. 4060 of2009) MARCH 17, 2016 ## **[ANIL R. DAVE,** A.K. **SIKRI, R.K. AGRAWAL, ADARSH KUMAR GOEL AND R. BANUMATHI, JJ.)** c . . _Education/Educational Institutions_ - _Medical College_ - _Admission and examination_ - _Direction sought that the admission for academic session 2016-17, to under graduate and post gradtiate courses in the private colleges to be given only on the basis of the Common Entrance Test_ - _Held: As peF the provisions of the 2000 Regulations. examination for admitting studems for post graduate studies should have been concluded before 15.02.2016 and the first round of counseling/admission was to be concluded between 4th to 15.04.2016_ - _However, no examination was conducted_ - _Plea to extend the date of conducting the examination till 31.03.2014 cannot be accepted since it would not be possible for the applicants to hold the examination in a fair and transparent manner in such a short period and to start the first round of counselling/admission by the stipulated period_ - _As per the interim arrangement, the All India Examination has been held, the result has been declared and_ · _the list of successful candidates is available -Applicants to select candidates, on the basis of their inter-se me_rit, for admission to 2016-17 batch of post-graduate course fiwn the list ojs11ccessful candidates_ - _State to do counseling and collect the fee!; from the students_ - _In view thereof IA disposed of_ - _Post-Graduate Medical Education Regulations, 2000._ D E F G CIVIL APPELLATE JURISDICTION: I. A. No. 83 of 2015 ## IN Civil Appeal No. 4060 of2009. From the Judgment and Order dated 15.05.2009 of the High Court **H** 575 ·-- SUPREME COURT REPORTS 576 [2016] 3 S.C.R. A of Madhya Pradesh, Principal Seat atJabalpur in Writ Petition No. 2732 of2009. K. K. Venugopal, Dr. Rajeev Dhawan, Sr. Advs. Puneet Jain, Ms. Pragati Neekhra, Ms. Pratibha Jain, Advs. for the Appellants. Ms. Pinky Anand, ASG, Vikas Singh, Ms. Vibha Datta Makhija, Sr. B Advs., Amit Sharma, Ms. Rekha Pandey, R. K. Rathor, R. S. Nagar, S. S. Rawat, M. P. Gupta, Sanchit Kumar, Ajay Sharma, Ms. Sunita Sharma, Ajay Kr. Singh, R. R. Rajesh (For D. S. Mahra), Gaurav Sharma, Ms. Deepeika Kalia, Dhawal Mohan, Prateek Bhatia, Kapeesh Seth, Ms. Vara Gaur, Mishra Saurabh, Ankit Kr. Lal, Advs. for the Respondents. c The following Order of the Court was delivered ## **ORDER** He-ard the learned counsel. The following prayer is made in this application : D "a) Direct that for the academic session 2016-17, the admission for all the seats in the private colleges in Under Graduate & Post Graduate Courses would be given only on the basis of the Common Entrance Test conducted by the APDMC i.e. SSET, DMAT and Pre PGDMAT." E 1. It would be pertinent to note that a similar prayer was made in l.A.No.74 of2014 and the said application had been dismissed by an order dated 12th February, 2015. The said IA had been filed with respect to admission of students for the academic year 2015-16 whereas the present application is in respect of admission of students for the F academic year 2016-1 7. 2. It has been brought to our notice by the learned counsel appearing for State of Madhya Pradesh that no averment has been made with regard to the earlier application, i.e., I.A.No. 74/2014, which had been filed by the present applicants and was dismissed rni 12th G February, 2015. 3. There is no prayer in the present application for holding an examination for giving admission to students for the Academic Year 2016-1 7 in consonance with the arrangement which had been made in the interim order dated 27th May, 2009. ~ - lf 577 MODERN DENTAL COLLEGE & RESEARCH CENTER v. STATE OF MADHYA PRADESH 4. That apart, we also find that as per the provisions of PostGraduate Medical Education Regulations, 2000, as amended from time to time, examination for admitting students for post graduate studies should have been concluded before 15th February, 2016. It is an admitted fact that no examination had been conducted by the applicants for the said purpose till date, though the last date of examination, i.e., 15th February, 2016, lapsed much earlier. Allowing the applicants to conduct the examination at this stage will disturb the entire schedule of admission stipulated in the afoesaid Regulations. 5. According to the aforesaid Regulations, the first round of counseling/admission has to be concluded between 4th to 15th April, 2016, which is.the next step. 6. We _n1ay record that a fervent plea was made by the learned senior counsel for the applicants to extend the date of conducting the examination ti II 31st March, 20 16. However, we feel that it would not be possible for the applicants to hold the examination in a fair and transparent manner in such a short period and to start the first round of counselling/admission by 4th April, 2016 and conclude the same by 15th April,2016. 7. As per the interim arrangement made under the orders dated 27th May, 2009, the medical colleges of State of Madhya Pradesh are permitted to admit 50% of the students in pursuance to the examination conducted by the applicant association whereas 50% of the students are to be given admission as per the recommendation of the State. We are informed that for· the last few years, the State of M .P. is sending the names of the candidates from the merit list prepared of those who appeared in All India Examination held for the purpose. Same procedure be adhered to for this year as well. 8. Insofar as the All India Examination is concerned, it has already been held as per the stipulated time schedule and the result of the said examination has already been declared. Thus, a list of successful candidates, who have passed the said examination is availabie at present. 9. fn the aforesaid circumstances, we permit the applicants, to select candidates, on the basis of their inter-se merit, for admission to 2016-17 batch of post-graduate course from the aforestated list of successful candidates. A B c D E G H 578 SUPREME COURT REPORTS [2016) 3 S.C.R. A I 0. The counselling shall be done by the State and the fees which might be collected from the students by the State shall be paid by the State to the concerned medical college. 11. In view of the above interim order, Interlocutory Application No.83 of2015 stands disposed of. B Nidhi Jain I. A. disposed of. ->