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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:
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
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
The main legal point established in the judgment is that the admission procedure must ensure admissions are done strictly in accordance with merit, and the freedom to run educational institutions is ....
The court upheld the constitutional validity of Rule 1.20(9) and declared Rule 1.8(2) as ultra vires for being violative of Post Graduate Medical Education Regulations, 2000 and counter to the decisi....
The court upheld that while institutions possess the right to admit students, there is no entitlement to fill all available seats, emphasizing merit-based admissions per regulatory guidelines.
Reservation of seats for candidates from outside the State under Rule 6 (c) of the Admission Rules was not violative of Art. 371-D of the Constitution, as it was made in accordance with the condition....
The court affirmed the validity of amended rules limiting eligibility under the ‘Competent Authority Quota,’ which were not legally contested by the petitioner.
Rules governing admissions to reserved categories in education must ensure continuity of eligible students, underscoring their rights of access to post-graduate courses.
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