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2021 Supreme(SC) 357

L. NAGESWARA RAO, INDIRA BANERJEE
Index Medical College, Hospital and Research Centre – Appellant
Versus
State of Madhya Pradesh – Respondent


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

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