ASSOCIATION OF PRIVATE DENTAL AND MEDICAL COLLEGES OF U. P. vs State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(SC) 782

SUPREME COURT OF INDIA
RUMA PAL AND ARUN KUMAR, JJ.
ASSOCIATION OF PRIVATE DENTAL AND MEDICAL COLLEGES OF U.P. PETITIONER;
VERSUS
STATE OF U.P. AND OTHERS, RESPONDENTS.
WRIT PETITION (C) NO. 339 OF 2004
DECIDED ON AUGUST 2, 2004

Headnote:
Constitution of India, 1950, Articles 19(1)(g) and 30(1) -Admission on the basis of common entrance test- Professional unaided (minority and non-minority) educational institutions - The petitioners given liberty to admit students on the basis of the common entrance test held in respect of their quota fixed by the State Government- Unfilled vacancies to be filled out of the Government 65% quota- Question whether the State Government had any right to fix the quota , not decided [Paras 1 and 2]

ORDER

1. HAVING REGARD TO THE FACT THAT THE PETITIONERS ARE CONCERNED WITH ADMISSION TO THE MEDICAL AND DENTAL COURSES, WE ARE OF THE VIEW THAT IT IS TOO LATE TO PASS ANY INTERIM ORDER WHICH WOULD DISTURB THE STATUS QUO AS OF TODAY. AS SUCH, THE ONLY INTERIM ORDER WE PASS AT THIS STAGE IS AS FOLLOWS:

1. THE PETITIONERS WILL BE AT LIBERTY TO APPROACH THE COMMITTEE WITHOUT PREJUDICE TO THE MERITS CONTAINED IN THE PRESENT WRIT PETITION TO RAISE ANY DISPUTE AS ENVISAGED IN ISLAMIC ACADEMY OF EDUCATION V. STATE OF KARNATAKA1 AS THEY MAY DEEM FIT.

2. THE PETITIONERS ARE AT LIBERTY TO ADMIT STUDENTS ON THE BASIS OF THE COMMON ENTRANCE TEST HELD IN RESPECT OF THEIR QUOTA FIXED BY THE STATE GOVERNMENT. IF THERE IS ANY VACANCY IN THE PETITIONERS INSTITUTIONS WHICH REMAIN UNFILLED OUT OF THE GOVERNMENT 65% QUOTA, IT WILL BE OPEN TO THE PETITIONERS TO FILL UP SUCH VACANCY FROM THE MERIT LIST OF COMMON ENTRANCE TEST HELD BY THEIR ASSOCIATION. THIS ORDER IS PASSED WITHOUT DECIDING IN ANY MANNER WHETHER THE STATE GOVERNMENT HAD ANY RIGHT TO FIX THE QUOTA IT DID.

2. INTERIM ORDER PASSED EARLIER STANDS VACATED. IT IS MADE CLEAR THAT THIS ORDER DOES NOT IN ANY WAY ENABLE THE NON-RECOGNISED INSTITUTIONS TO ADMIT STUDENTS.

COURT MASTERS

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