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1993 Supreme(SC) 1185

SUPREME COURT OF INDIA
B.P. Jeevan Reddy, S.P. Bharucha
TMA PAI FOUNDATION, PETITIONER
Versus
STATE OF KARNATAKA AND OTHERS, RESPONDENTS.
I.A. No. 6 of 1993 Writ Petition (C) No. 317 of 1993, decided on December 17, 1993.

Important Points

The court allowed the filling of vacant medical college seats from a pre-existing merit list upon request by the relevant education authority.

Subject

Education Law - Medical Admissions

Act Referred

Headnote

(A) Education Law - Admission to Medical Colleges - Vacant Seats - Allotment of vacant seats in medical colleges is permissible from the merit list already prepared, provided the request is made by the competent authority.

Facts of the case:
The matter concerns the filling of vacant seats in medical colleges as of a specific date.

Findings of Court:
The competent authority in the education department is permitted to request the allotment of students from the existing merit list for any seats remaining vacant.

Issues: Whether vacant seats in medical colleges could be filled using the previously prepared merit list.

Ratio Decidendi: The court held that if seats remain vacant by a specified date, the education department may request the appropriate authority to allot students from the existing merit list.

Result: IA is disposed of.

Legal Category Hierarchy

  • administrative law
    • education
      • medical admissions
        • seat allotment

ORDER

If any seats are vacant on December 1, 1993 in any of the medical colleges in the State of Karnataka, it is open to the Secretary, Education Department, to request the appropriate authority to allot students belonging to the particular category, out of merit list already prepared. The Order dated November 19, 1993 (Reported at (1993) 4 SCC 788) shall be read subject to this order. IA is disposed of accordingly.

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