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SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
DIPAK MISRA, A.M. KHANWILKAR, JJ.
Vishal Shukla & Ors. – Petitioners
Versus
State of M.P. & Ors. – Respondents
Petition for Special Leave to Appeal (C) No. 15527 of 2017 With SLP (C) No. 15078 of 2017; Diary No. 14875 of 2017
Decided On : 19-05-2017
Vacant Seats - Private Medical Colleges - Interim arrangement for counselling and admissions
Fact of the Case:
23 seats are still vacant in various streams in private medical colleges. Petitioners permitted to participate in the next round of counselling with benefits of tribal areas notification and 2016 Rules. Ad interim arrangement during the pendency of the special leave petitions. No disturbance to admissions already given. Private colleges to take fees at the rate meant for Government seats.
Finding of the Court:
The court permitted the petitioners to participate in the next round of counselling for the vacant seats in private medical colleges, with specific benefits and arrangements. The court also clarified that this is an ad interim arrangement during the pendency of the special leave petitions and that no disturbance shall be made to the admissions already given.
Issues: Vacant seats in private medical colleges, eligibility and benefits for petitioners, ad interim arrangement, fee structure for private colleges
Ratio Decidendi: The court's decision was influenced by the peculiar facts and circumstances of the case, allowing the petitioners to participate in counselling and admissions for the vacant seats with specific benefits and arrangements, while ensuring no disturbance to the admissions already given.
Final Decision: The court issued notice returnable within 12 weeks and listed all the matters in the last week of September, 2017.
ORDER :
In the course of hearing, we have been apprised that 23 seats are still vacant in various streams in private medical colleges. Regard being had to the peculiar facts and circumstances of the case, we permit the petitioners to participate in the next round of counselling. They shall be given the benefits of the notification issued by the State Government pertaining to tribal areas. That apart, if they are entitled to get the benefits/weightage under the Madhya Pradesh Government Autonomous Medical and Dental Post Graduate Courses (Degree/Diploma) Admission Rules, 2016 (for brevity, 'the 2016 Rules'), the same shall be extended to them.
2. We may hereby clarify, this is an ad interim arrangement during the pendency of the special leave petitions. This arrangement is restricted to 23 seats which are vacant. No other arrangement shall be made by the State Government and it is further made clear that this is an interim arrangement. If there are other candidates who are eligible and more meritorious than the petitioners herein under the 2016 Rules, they can also participate in the counselling in respect of these 23 seats only. If any other seat falls vacant and becomes available, either in Degree Course or Diploma Course, the same shall be filled up in accordance with the 2016 Rules. Further, the admissions that have already been given till today shall not be disturbed. Any eligible student who is left out, can participate in the counselling for the vacant and available seats. If the candidates are admitted in private colleges, the colleges shall take fees at the rate which is meant for the Government seats.
3. The private colleges who may have grievance with regard to such fees shall be entitled to appear in these special leave petitions and raise their grievance which the Court shall advert to at the relevant time.
SLP (C) No.15078/2017 and SLP (C) No....../2017 Diary No.14875/2017
4. Issue notice returnable within 12 weeks.
5. Let all the matters be listed in the last week of September, 2017.
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