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W.P.10934 of 2010
Vikas Pal & Raghav Gupta U.O.I. & ors.
23.9.2010
Shri Pranay Gupta, Counsel for the petitioners.
Shri Mohan Sausarkar, Counsel for respondent No.1.
Smt. Indira Nair, learned Senior Advocate with Shri R. Pohankar,
Counsel for the respondents No. 2.
Shri P.K. Kaurav, learned Dy. A.G. for the Respondents
No.3.
Shri Amalpushp Shroti, Counsel for respondent No.4.
This petition is directed by two students who sought
following reliefs :-
1. Declare that in terms of provisions of 10-A(5) of the
Act,1956 by necessary implication permission of
annual renewal to the respondent Institution is deemed
to have been granted and permission is deemed to have
been continued for the academic session 2009-10.
2. Be quashed order dt. 22.7.2010 Annexure P-1 and
direct the respondent University for permitting the
petitioners for appearing in the first professional
examination scheduled to be conducted by the
respondent University from 12.8.2010 and declare the
result.
3. Be quashed order passed by the respondent union Govt.
dt. 20.11.2009 and 23th March,2010 Annexure P-2 and
3.
4. Pass such further or other order or orders as this hon.
Court may deem fit and appropriate in the facts and
circumstances of the case.
Learned counsel for the respondents submitted that in
view of the order passed by the Apex Court in S.L.P. No. Civil
No.123199/10 dated 19.8.2010, nothing survives in this
petition, the controversy has been decided in W.P.9438/09 as
per the order passed by the Apex Court.
So far as the petitioners are concerned, their admission
has been saved by the Apex Court by the aforesaid order. For
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W.P.10934 of 2010
Vikas Pal & Raghav Gupta U.O.I. & ors.
23.9.2010
ready reference order dated 19.8.2010 of the Apex Court is
referred, which reads as under :-
Permission to file SLP is granted in
SLP(C)Nos……CC 12369/2010 & 12370/2010.
Mr. Amarendra Sharan, learned
senior counsel appearing on behalf of the Board of
Governors, Medical Council of India, submits
that though the students’ initial admission is
irregular and illegal but in deference to the
Court’s intervention, they have decided to permit 150
students to appear in the examinations which are
scheduled to commence from 23rd August, 2010. Mr.
Sharan further submits that in lieu of permitting these
150 students, the Petitioner Institution would be
required to surrender 150 seats from the Management
quota in the next five academic years.
Mr. K.K. Venugopal, learned
senior counsel appearing on behalf of the
Institution submits that 63 seats from the management
quota have already been taken by the respondents.
He further submits that the admissions
of 150 students were neither illegal nor
irregular.
At this juncture, we are not adjudicating on the
rival contentions of the parties because the main writ
petition is still pending in the High Court. We direct the
Medical Council of India to file a proper affidavit before
the High Court of M.P. at Jabalpur, within three weeks
from today with an advance copy thereof to the other
side, who would be at liberty to file rejoinder thereto, if
any, within two weeks thereafter. This controversy
would also be decided along with the writ petition. In
the facts and circumstances of this case, we request the
High Court to dispose of the main writ
petition as expeditiously as possible, in any event,
within two months from the date of communication of
this order. The High Court would be entitled to decide
the writ petition without being influenced by any
observation made in this order. These special leave
petitions are accordingly disposed of.
As the interest of the petitioners who are the students of
respondent College namely People’s College of Medical Sciences
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W.P.10934 of 2010
Vikas Pal & Raghav Gupta U.O.I. & ors.
23.9.2010
& Research Center, Bhopal have been taken care of by the
Apex Court, nothing services in this petition. It is accordingly
disposed of because of the order passed by the Apex Court on
19.8.2010.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt. Vimla Jain)
JUDGE JUDGE
vj