ORDER :

Leave granted.

1. We had heard the above set of Appeals and passed an order on 03.02.2021 as follows:

“After hearing the learned counsel for the parties, we declare Rule 12 (8) (a) of the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 as violative of Article 14 of the Constitution of India.

We direct the State of Madhya Pradesh to initiate the process of filling up the 7 unfilled seats of 1st year MBBS course in the mop-up round for the year 2020- 21 by college level counselling within a period of 7 days from today.

Reasons to follow.”

2. Reasons for the order dated 03.02.2021 are given herein-under:

xxx xxx xxx

3. The Appellants-Private Medical Colleges filed Writ Petitions in the High Court of Madhya Pradesh, Bench at Indore, challenging the Constitutional validity of Sub-Rule 8 (a) of Rule 12 of the Admission Rules (Madhya Pradesh Chikitsa Shiksha Pravesh Niyam), 2018 (hereinafter ‘the Rules’). Aggrieved by the dismissal of the Writ Petitions, the Appellants are before this Court.

4. The Madhya Pradesh Niji Vyavasayik (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam, 2007 (hereinafter ‘the Act’) was promulgated to provide for regulation of admission, fixation of fee and for reservation of seats to persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes in private unaided professional educational institutions and matters connected therewith. Admission to private unaided professional educational institutions is dealt with in Chapter III of the Act. Every admission to a private unaided professional educational institution shall be made only in accordance with the provisions of the Act or Rules made thereunder. The State Government constituted the Admission and Fee Regulatory Committee for supervision and management of the admission process and for fixing the fee to be charged from the candidates seeking admission in these institutions.

5. Rules were framed by the State Government in exercise of the powers conferred under Section 12 of the Act. Rule 10 prescribes the process of admission to be on the basis of allotment of students who participated in the first round of counselling. The procedure for admission in second round of counselling is dealt with in Rule 11 and that of in last round (mop-up round) is found in Rule 12. The allotment of admission after completion of final round of counselling is governed by Rule 13. Amendments to the Rules were notified on 19.06.2019. The relevant amendment which is subject matter of challenge in these Appeals is Rule 12 (8) (a) which reads as follows:-

“(8) (a) The vacant seats as a result of allotted candidates from MOP-UP round not taking admission or candidates resigning from admitted seat shall not be included in the college level counseling (CLC) being conducted after MOP-UP round.”

6. Writ Petitions filed by Index Medical College, Hospital and Research Centre and Arushi Mahant and Others challenging Rule 12 (8) (a) as being violative of Articles 14 and 19 (1)(g) were dismissed by a Division Bench of the High Court of Madhya Pradesh, Bench at Indore by a judgment dated 15.12.2020. Index Medical College, Hospital and Research Centre and others have filed the Appeal arising out of SLP (C) No. 179 of 2021, assailing the validity of the judgment dated 15.12.2020. L.N. Medical College, Hospital and Research Centre has also challenged the said judgment of the High Court by seeking permission to file SLP. People’s College of Medical Sciences and Research Centre filed a Writ Petition questioning the vires of Rule 12 (8) (a) as well. It was disposed of by the High Court of Madhya Pradesh giving liberty to the Petitioner therein to file an appropriate representation before the Directorate of Medical Education for redressal of its grievances. People’s College of Medical Sciences and Research Centre and Another are questioning the order dated 13.01.2021 in one of the Appeals. As the point that arises in all these Appeals pertains to the validity of Rule 12 (8)