I.A. Nos. 64-65 of 2013 in Civil Appeal No. 4060 of 2009. Case: Modern Dental College and Res. Cen. and Ors. Vs State of Madhya Pradesh and Ors.. Supreme Court (India)

Case NumberI.A. Nos. 64-65 of 2013 in Civil Appeal No. 4060 of 2009
CounselFor Appellant: H.N. Salve, Rajeev Dhavan, Sr. Advs., Puneet Jain, Sushil Kumar Jain, A. Shorti, Anas Riyaz and Christi Jain, Advs. and For Respondents: Ravi Shankar Prasad, Sr. Adv., B.S. Banthia, Bhakti Varhan, Shubhashis R. Soren, Bharat Sood, Sambeet Das, R.C. Kohli, Sunil Kumar Jain, Amit Kumar, Rituraj Kumar, Dharmendra Kumar Sinha, Arun ...
JudgesB.S. Chauhan, K.S. Panicker Radhakrishnan and S.A. Bobde, JJ.
IssueMadhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk ka Nirdharan) Adhiniyam, 2007; Madhya Pradesh Niji Vishvavidyalaya (Sthapana Avam Sanchalan) Adhiniyam, 2007; Peoples University Act
Citation2013 (9) SCALE 138
Judgement DateJuly 12, 2013
CourtSupreme Court (India)


K.S. Panicker Radhakrishnan, J.

  1. These applications have been preferred seeking clarification of the order of this Court dated May 27, 2009, as extended by order dated October 01, 2012, on the ground that the same is not applicable to the applicant.

  2. This Court, in Civil Appeal No. 4060 of 2009, passed a detailed interim order on May 27, 2009. The operative portion of the same reads as follows:

    We, therefore, direct that the admissions in the private unaided medical/dental colleges in the State of Madhya Pradesh will be done by first excluding 15% N.R.I. Seats (which can be filled up by the private institutions as per para 131 of Inamdar's case), and allotting half of the 85% seats for admission to the under-graduate and post-graduate courses to be filled in by an open competitive examination by the State Government, and the remaining half by the Association of the Private Medical and Dental Colleges. Both the State Government as well as the Association of Private Medical and Dental colleges will hold their own separate entrance examination for this purpose. As regards the 'NRI Seats', they will be filled as provided under the Act and Rules, in the manner they were done earlier.

  3. Shri Harish Salve, learned senior counsel appearing for the applicant, submits that the above-mentioned order was passed by this Court in a case where the Appellant had challenged the constitutional validity of the Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk ka Nirdharan) Adhiniyam, 2007 (in short, the 'AFRC Act of 2007'). Learned senior counsel submits that the above-mentioned Act is no more applicable to the applicant, who is now governed by the provisions of the Madhya Pradesh Niji Vishvavidyalaya (Sthapana Avam Sanchalan) Adhiniyam, 2007 (known as M.P. Private Universities Act) and the statutes and ordinances framed thereunder and the applicant is free to fill all the seats.

  4. Dr. Rajeev Dhavan, learned senior counsel also appearing for the applicant, has also taken up the...

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