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REPORTABLE IN THE SUPREME COURT OF INDIA

                   CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION NO.83/2015

(For directions)  IN  

CIVIL APPEAL NO.4060 OF 2009

  MODERN DENTAL COLLEGE & RESEARCH CENTER & ANR. ... PETITIONER(S)                  VS.

  STATE OF MADHYA PRADESH AND ORS.   ... RESPONDENT(S)

       O R D E R

Heard the learned counsel. The following prayer is made in this application :

“a) Direct  that  for  the  academic  session  2016-17, the admission for all the seats in  the  private  colleges  in  Under  Graduate  &  Post Graduate Courses would be given only on  the  basis  of  the  Common  Entrance  Test  conducted by the APDMC i.e. SSET, DMAT and  Pre PGDMAT.”

It would be pertinent to note that a similar prayer  was made in I.A.No.74 of 2014 and the said application had  been dismissed by an order dated 12th February, 2015.  The  said  IA  had  been  filed  with  respect  to  admission  of  

students for the academic year 2015-16 whereas the present  

application is in respect of admission of students for the  

academic year 2016-17.

It  has  been  brought  to  our  notice  by  the  learned  counsel  appearing  for  State  of  Madhya  Pradesh  that  no  averment  has  been  made  with  regard  to  the  earlier

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application, i.e., I.A.No.74/2014, which had been filed by  the present applicants and was dismissed on 12th February,  2015.

There  is  no  prayer  in  the  present  application  for  holding an examination for giving admission to students for  the  Academic  Year  2016-17  in  consonance  with  the  arrangement which had been made in the interim order dated  27th May, 2009.

That apart, we also find that as per the provisions of  Post-Graduate  Medical  Education  Regulations,  2000,  as  amended  from  time  to  time,  examination  for  admitting  students  for  post  graduate  studies  should  have  been  concluded before 15th February, 2016.  It is an admitted  fact  that  no  examination  had  been  conducted  by  the  applicants for the said purpose till date, though the last  date of examination, i.e., 15th February, 2016, lapsed much  earlier.   Allowing  the  applicants  to  conduct  the  examination at this stage will disturb the entire schedule  of admission stipulated in the afoesaid Regulations.  

According  to  the  aforesaid  Regulations,  the  first  

round of counseling/admission has to be concluded between  

4th to 15th April, 2016, which is the next step.

We may record that a fervent plea was made by the  learned  senior  counsel  for  the  applicants  to  extend  the  date of conducting the examination till 31st March, 2016.  However, we feel that it would not be possible for the  applicants  to  hold  the  examination  in  a  fair  and

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transparent manner in such a short period and to start the  first round of counselling/admission by 4th April, 2016 and  conclude the same by 15th April, 2016.

As per the interim arrangement made under the orders  dated  27th May,  2009,  the  medical  colleges  of  State  of  Madhya Pradesh are permitted to admit 50% of the students  in pursuance to the examination conducted by the applicant  association whereas 50% of the students are to be given  admission as per the recommendation of the State.  We are  informed that for the last few years, the State of M.P. is  sending the names of the candidates from the merit list  prepared  of  those  who  appeared  in  All  India  Examination  held for the purpose.  Same procedure be adhered to for  this year as well.

Insofar as the All India Examination is concerned, it  

has already been held as per the stipulated time schedule  

and the result of the said examination has already been  

declared.  Thus, a list of   successful candidates, who  

have passed the said examination is available at present.

 In  the  aforesaid  circumstances,  we  permit  the  applicants,  to  select  candidates,  on  the  basis  of  their  inter-se  merit,  for  admission  to  2016-17  batch  of  post- graduate  course  from  the  aforestated  list  of  successful  candidates.

The counselling shall be done by the State and the  fees  which  might  be  collected  from  the  students  by  the  State shall be paid by the State to the concerned medical

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college. In  view  of  the  above  interim  order,  Interlocutory  

Application No.83 of 2015 stands disposed of.

       ..............J.  [ANIL R. DAVE]  

.............J. [A.K. SIKRI]  

..............J. [R.K. AGRAWAL]  

...................J. [ADARSH KUMAR GOEL]  

.............J. [R.BANUMATHI]  

New Delhi; 17th March, 2016.