{"id":172926,"date":"2010-09-30T00:00:00","date_gmt":"2010-09-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/r-d-gardi-medical-college-vs-state-of-m-p-ors-on-30-september-2010"},"modified":"2018-07-03T02:53:46","modified_gmt":"2018-07-02T21:23:46","slug":"r-d-gardi-medical-college-vs-state-of-m-p-ors-on-30-september-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/r-d-gardi-medical-college-vs-state-of-m-p-ors-on-30-september-2010","title":{"rendered":"R.D.Gardi Medical College &amp; &#8230; vs State Of M.P.&amp; Ors on 30 September, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">R.D.Gardi Medical College &amp; &#8230; vs State Of M.P.&amp; Ors on 30 September, 2010<\/div>\n<div class=\"doc_author\">Author: T Thakur<\/div>\n<div class=\"doc_bench\">Bench: Markandey Katju, T.S. Thakur<\/div>\n<pre>                                       REPORTABLE\n\n                  IN THE SUPREME COURT OF INDIA\n\n                  CIVIL APPELLATE JURISDICITION\n\n          CIVIL APPEAL NOS. 8429-8430             OF 2010\n         (Arising out of S.L.P. (C) Nos.26164-26165 of 2010\n\n\nR.D. Gardi Medical College &amp; Anr. etc.    ...Appellants\n\n     Versus\n\nState of M.P. &amp; Ors.                      ...Respondents\n\n\n                           JUDGMENT\n<\/pre>\n<p>T.S. THAKUR, J.\n<\/p>\n<\/p>\n<p>1.     Leave granted.\n<\/p>\n<\/p>\n<p>2.     These appeals are directed against an order dated 30th July,<\/p>\n<p>2010 passed by the High Court of Madhya Pradesh in Writ Petitions<\/p>\n<p>Nos. 6876 and 8979 of 2009 whereby a total of 15 seats in the 1st year<\/p>\n<p>MBBS course have been directed to be reduced from out of the<\/p>\n<p>management quota of the appellant-college for the academic session<\/p>\n<p>2010-2011, with a direction to the Admission and Fee Regulator<\/p>\n<p>Committee to ensure that the order passed by the Court is carried out<\/p>\n<p>in letter and spirit. The facts giving rise to the filing of the writ<br \/>\npetitions may be summarized as under:\n<\/p>\n<\/p>\n<p>3.     For the academic session 2006-2007 the appellant-M\/s R.D.<\/p>\n<p>Gardi Medical College, Ujjain, admitted to the first year of MBBS<\/p>\n<p>course as many as 19 students who had not secured 50% marks in<\/p>\n<p>the examination conducted by the Association of Private Medical and<\/p>\n<p>Dental College of M.P. The legality of the said admissions came up for<\/p>\n<p>scrutiny before the High Court who declared the same to be illegal<\/p>\n<p>hence liable to be cancelled. Aggrieved by the said order the affected<\/p>\n<p>students approached this Court in Civil Appeal Nos.5518-5521 of 2008<\/p>\n<p>which were disposed of by this Court by an order dated 4th September,<\/p>\n<p>2008 holding that the college was not justified in giving admission to<\/p>\n<p>students who were not eligible in terms of the relevant rules. This<\/p>\n<p>Court, however, permitted the students to continue their studies but<\/p>\n<p>directed that an equal number of seats shall be reduced from the<\/p>\n<p>management quota of the college for the academic session 2009-<\/p>\n<p>2010. This Court said:\n<\/p>\n<\/p>\n<blockquote><p>          &#8220;The management of the R.D. Gardi Medical college<br \/>\n          was not justified in giving admission to these students.<\/p><\/blockquote>\n<p>          Certainly, they must be aware of the fact that the<br \/>\n          candidates should have secured at least 50% marks in<br \/>\n          the entrance examination but the learned senior<br \/>\n          counsel appearing for the college says that they were<br \/>\n          not aware of the marks secured by these candidates as<br \/>\n          the entrance examination was held by a different<br \/>\n         association as the marks were not furnished to them by<br \/>\n         the association. However, as the admission is found to<br \/>\n         be irregular, equal number of students shall be reduced<br \/>\n         from the management quota for the year 2009-10.<\/p>\n<p>                   The appeals are disposed of accordingly.   No<br \/>\n         costs.&#8221;\n<\/p>\n<p>                                (emphasis supplied)<\/p>\n<p>4.    By an order dated 22nd April, 2009 passed by the High Court in<\/p>\n<p>Writ Petitions No.5592 of 2008 and 5624 of 2008, on the analogy of<\/p>\n<p>the order of this Court extracted above two more seats against which<\/p>\n<p>the said petitioners were admitted without satisfying the essential<\/p>\n<p>condition of eligibility were also directed to be reduced from<\/p>\n<p>management quota of the appellant-college for the academic session<\/p>\n<p>2009-2010 thereby taking the total number of seats to be reduced<\/p>\n<p>from the quota of the management to 21.\n<\/p>\n<\/p>\n<p>5.    On the receipt of the orders abovementioned the Medical<\/p>\n<p>Council of India sent a communication dated 26th May, 2009<\/p>\n<p>requesting the Principal Secretary, Government of Madhya Pradesh<\/p>\n<p>and the Director of Medical Education, Madhya Pradesh to fill up 21<\/p>\n<p>seats (19 admission as per the Order of this Court dated 4th<\/p>\n<p>September, 2008 and 2 admission as per the order dated 22 nd April,<\/p>\n<p>2009 passed by the High Court of Madhya Pradesh) through MPCET<br \/>\nentrance test for the academic session 2009-2010. Writ Petition<\/p>\n<p>No.2732 of 2009 filed by the private educational institutions before<\/p>\n<p>the High Court of Madhya Pradesh challenging the constitutional<\/p>\n<p>validity of what is known as &#8220;M.P. Niji Vyavsayik Shikshan Sanstha<\/p>\n<p>(Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007&#8221;<\/p>\n<p>was in the meantime disposed of by the High Court on 21st May, 2009,<\/p>\n<p>aggrieved whereof the private educational institutions filed Civil<\/p>\n<p>Appeal No.4060 of 2009 in this Court by special leave. This Court<\/p>\n<p>noticed that the common question of law that arose in the said batch<\/p>\n<p>of appeals was as to how far it was permissible under the Constitution<\/p>\n<p>for the State to control and regulate admissions and fee in private<\/p>\n<p>unaided professional educational institutions in the State of Madhya<\/p>\n<p>Pradesh. Relying upon the decisions rendered by this Court in <a href=\"\/doc\/279061\/\">T.M.A.<\/p>\n<p>Pai Foundation v. State of Karnataka<\/a> (2002) 8 SCC 481, <a href=\"\/doc\/1013076\/\">Islamic<\/p>\n<p>Academy of Education v. State of Karnataka<\/a> (2003) 6 SCC 697<\/p>\n<p>and <a href=\"\/doc\/1390531\/\">P.A. Inamdar &amp; Ors. v. State of Maharashtra &amp; Ors.<\/a> (2005) 6<\/p>\n<p>SCC 537 this Court prima facie came to the conclusion that the<\/p>\n<p>impugned enactment in so far as the same handovers the entire<\/p>\n<p>selection process to the State Government or the agencies appointed<\/p>\n<p>by it for under-graduate, graduate and post-graduate medical\/dental<\/p>\n<p>colleges and fee fixation was contrary to the observations made by the<br \/>\n11-Judges Bench of this Court in T.M.A. Pai&#8217;s case (supra). This Court<\/p>\n<p>further observed that a literal interpretation of the Act would render<\/p>\n<p>the same unconstitutional. An interim arrangement was accordingly<\/p>\n<p>made under which 15% seats were to be first excluded towards NRI<\/p>\n<p>quota to be filled up by the private institutions as per the observations<\/p>\n<p>made by this Court in Inamdar&#8217;s case (supra). Out of remaining 85%<\/p>\n<p>seats available for admission to the under-graduate and post-graduate<\/p>\n<p>courses 50% were to be given to the State Government while the<\/p>\n<p>remaining 50% were to be filled up on the basis of a selection process<\/p>\n<p>to be conducted by the Association of Private Medical and Dental<\/p>\n<p>Colleges who were to hold their own separate entrance examinations<\/p>\n<p>for the purpose. The following passage from the said order is, in this<\/p>\n<p>regard, relevant:\n<\/p>\n<blockquote><p>                  &#8220;We, therefore, direct that the admissions in the<br \/>\n          private unaided medical\/dental colleges in the State of<br \/>\n          Madhya Pradesh will be done by first excluding 15%<br \/>\n          N.R.I. seats (which can be filled up by the private<br \/>\n          institutions as per para 131 of Inamdar&#8217;s case), and<br \/>\n          allotting half of the 85% seats for admission to the<br \/>\n          under-graduate and post-graduate courses to be filled<br \/>\n          in by an open competitive examination by the State<br \/>\n          Government, and the remaining half by the Association<br \/>\n          of the Private Medical and Dental Colleges. Both the<br \/>\n          State Government as well as the Association of Private<br \/>\n          Medical and Dental colleges will hold their own<br \/>\n          separate entrance examination for this purpose. As<br \/>\n          regards the `NRI Seats&#8217;, they will be filled as provided<br \/>\n          under the Act and the Rules, in the manner they were<br \/>\n          done earlier.\n<\/p><\/blockquote>\n<p>                  We make it clear that the aforesaid directions<br \/>\n          will for the time being only be applicable for this<br \/>\n          academic year i.e. 2009-10. We also make it clear that<br \/>\n          if there are an odd number of seats then it will be<br \/>\n          rounded off in favour of the private institutions. For<br \/>\n          example, if there are 25 seats, 12 will be filled up by<br \/>\n          the State Government and 13 will be filled up by the<br \/>\n          Association of Private Medical\/Dental Colleges.         In<br \/>\n          Specialities in P.G. courses also half the seats will be<br \/>\n          filled in by the State Government and half by the<br \/>\n          Association of Private Medical\/Dental Colleges and any<br \/>\n          fraction will be rounded off in favour of the Association.<br \/>\n          In other words if in any discipline there are, say, 9<br \/>\n          seats, then 5 will be filled in by the Association and<br \/>\n          remaining 4 will by the State Government. Capitation<br \/>\n          fee is prohibited, both to the State Government as well<br \/>\n          as the private institutions, vide para 140 of Inamdar&#8217;s<br \/>\n          case (supra). Both the State Government and the<br \/>\n          Association of Private Medical\/Dental Colleges will<br \/>\n          separately hold single window examinations for the<br \/>\n          whole State (vide para 136 of Inamdar&#8217;s case (supra).&#8221;<\/p>\n<p>6.     The Government of Madhya Pradesh constituted a Counseling<\/p>\n<p>Committee comprising of nine bureaucrats and the Secretary of the<\/p>\n<p>Association. The said Committee undertook an exercise for distribution<\/p>\n<p>and allocation of seats in the appellant-college for the academic<\/p>\n<p>session 2010-11 in compliance with order dated 4th September, 2008<\/p>\n<p>passed by this Court and that passed by the High Court of Madhya<\/p>\n<p>Pradesh on 22nd April, 2009. We shall presently deal with the allocation<\/p>\n<p>so made by the Committee but before we do so we need to point out<\/p>\n<p>that Writ Petition No.8979 was filed by Nidhi Ahankari and another in<br \/>\npublic interest, inter alia, praying for a writ of certiorari quashing the<\/p>\n<p>allocation and distribution of seats made by the appellant-college and<\/p>\n<p>a mandamus directing that 46 seats of the said college and 21 seats of<\/p>\n<p>management quota making a total of 67 seats be filled up by the<\/p>\n<p>State Government on the basis of the merit of the candidates in the<\/p>\n<p>PMT quota. The writ petition alleged that the allocation of seats<\/p>\n<p>between the management and the State was not proper nor was the<\/p>\n<p>reduction of 21 seats from the management quota given effect to as<\/p>\n<p>directed by this Court. The result, alleged the petitioners, was that the<\/p>\n<p>meritorious candidates entitled to said quota were deprived of<\/p>\n<p>admission to the appellant-college.\n<\/p>\n<\/p>\n<p>7.     By an interim order passed by the High Court on 23rd July,<\/p>\n<p>2010 the appellant was directed to keep 10 seats vacant out of the<\/p>\n<p>seats filled by the APDMC of the appellant-college as the High Court<\/p>\n<p>was prima facie of the opinion that calculation and allocation of seats<\/p>\n<p>required to be surrendered by the college, was wrong and that the<\/p>\n<p>appellant had been permitted to fill up the seats in violation of the<\/p>\n<p>orders passed by this Court. That order was followed by an order<\/p>\n<p>dated 30th July, 2010 impugned in the present appeal allowing the writ<\/p>\n<p>petitions and directing 10 seats to be reduced from out of the<\/p>\n<p>management quota for the academic session 2010-11 in compliance<br \/>\nwith the order of this Court dated 4th September, 2008 and that<\/p>\n<p>passed by the High Court of Madhya Pradesh on 22nd April, 2009. The<\/p>\n<p>High Court took the view that 21 seats permitted to be reduced from<\/p>\n<p>the management quota had been erroneously reduced from the total<\/p>\n<p>of   100 seats   available   in   the   college   which   was not   correct<\/p>\n<p>understanding of the order passed by this Court on 4th September,<\/p>\n<p>2008 and that passed by the High Court in Writ Petition No.6876 of<\/p>\n<p>2009 dated 31st August, 2009. The High Court observed:<\/p>\n<blockquote><p>                  &#8220;What was proposed by the State Government<br \/>\n          in its return had the effect of reducing 21 seats out of<br \/>\n          total available 100 seats which included a seat of the<br \/>\n          State quota also whereas there was clear direction of<br \/>\n          the Apex Court in its order dated 4.9.2008 and the<br \/>\n          order of this Court in Writ Petition Nos.5592\/2008 &amp;<br \/>\n          5654\/2008 decided on 22.4.2009 to reduce the<br \/>\n          management quota seats only. The State initially<br \/>\n          wanted to benefit the management by its action and<br \/>\n          wanted to proceed on the basis of what was proposed<br \/>\n          by the College. There was no room to violate the<br \/>\n          aforesaid order also passed on 31.8.2009.\n<\/p><\/blockquote>\n<blockquote><p>                  There was absolutely no room to entertain any<br \/>\n          doubt whatsoever as the orders passed by the<br \/>\n          Supreme Court and this Court clearly indicate that the<br \/>\n          seats were to be reduced out of the management<br \/>\n          quota. But seats were reduced from State quota also<br \/>\n          resulting in filling of 10 seats than permissible by D.<br \/>\n          MAT by College.&#8221;\n<\/p><\/blockquote>\n<p>8. In so far as NRI seats for the session 2009-10 were concerned, the<\/p>\n<p>High Court noticed that 10 seats had remained vacant in the State<br \/>\nquota as only 5 of such seats were filled up. Unfilled NRI seats had,<\/p>\n<p>therefore, to be shared between the State and the appellant-college in<\/p>\n<p>equal proportion. The High Court rejected the contention that the said<\/p>\n<p>seats had to be filled up entirely by the management of the college. It<\/p>\n<p>observed:\n<\/p>\n<\/p>\n<blockquote><p>                    &#8220;It is submitted by Shri Rajendra Tiwari senior<br \/>\n            counsel appearing on behalf of the Management that<br \/>\n            the Supreme Court has mentioned that the seats of<br \/>\n            NRI quota have to be filled in as used to be done<br \/>\n            earlier. Thus, the Supreme Court meant the seats<br \/>\n            were to be filled in by APDMC.\n<\/p><\/blockquote>\n<blockquote><p>                    The aforesaid submissions cannot be accepted<br \/>\n            in view of the order passed by the Supreme Court.<br \/>\n            There was no direction issued by the Supreme Court<br \/>\n            that the unfilled NRI seats are to be filled in by the<br \/>\n            students on the basis of the DMAT examination<br \/>\n            conducted by APDMC. The intention of the order is<br \/>\n            clear that out of the available seats, 50% are to be<br \/>\n            filled in by the State quota and 50% by DMAT<br \/>\n            examination.&#8221;\n<\/p><\/blockquote>\n<p>9.     The High Court accordingly directed 5 seats which were<\/p>\n<p>wrongly filled up by the management of the college for the session<\/p>\n<p>2009-10 to be reduced from out of the management quota taking the<\/p>\n<p>total number of seats to be reduced for the session 2010-2011 to 15.<\/p>\n<p>The Court observed:\n<\/p>\n<\/p>\n<p>                   &#8220;Thus, we direct 5 seats in addition to the 10<br \/>\n            seats which have been agreed to be reduced in the<br \/>\n          aforesaid part of the order total 15 seats be<br \/>\n          surrendered by the Institution to the State quota for<br \/>\n          the year 2010-2011. The management quota shall<br \/>\n          stand reduced by further 15 seats for the year 2010-<br \/>\n          2011.&#8221;\n<\/p>\n<\/p>\n<p>10.    The present appeals, as noticed earlier assail the correctness of<\/p>\n<p>the above directions.\n<\/p>\n<\/p>\n<p>11.    We have heard learned counsel for the parties at considerable<\/p>\n<p>length and gone through the record including the orders passed by<\/p>\n<p>this Court and those passed by the High Court of Madhya Pradesh.<\/p>\n<p>These appeals, in our opinion, are an abuse of the process of law. We<\/p>\n<p>say so for two precise reasons. Firstly, because the order passed by<\/p>\n<p>the High Court has on more than one occasions recorded the consent<\/p>\n<p>of the appellant-institution to the reduction of 10 seats from the<\/p>\n<p>management quota during the session 2010-2011.         The High Court<\/p>\n<p>has in para 12 observed:\n<\/p>\n<\/p>\n<blockquote><p>                 &#8220;In writ petition No.6876\/2009, relief has been<br \/>\n          prayed with respect to the ten seats which were filled<br \/>\n          in by the College out of APDMC. The College has<br \/>\n          agreed to surrender 10 seats which were illegally filled<br \/>\n          by it in 2009-2010 out of available seats for the<br \/>\n          academic sessions 2010-2011 out of the management<br \/>\n          quota seats.&#8221;\n<\/p><\/blockquote>\n<blockquote><p>                                   (emphasis supplied)\n<\/p><\/blockquote>\n<blockquote><p>12.    Again in para 25 of the order, the High Court has recorded the<\/p>\n<p>agreement of the institution to the reduction of 10 seats from its<\/p>\n<p>quota for the academic session 2010-2011 so that the directions<\/p>\n<p>issued by this Court on 4th September, 2008 and those issued by the<\/p>\n<p>High Court of Madhya Pradesh on 22nd April, 2009 were complied with.\n<\/p><\/blockquote>\n<p>The High Court has observed:\n<\/p>\n<\/p>\n<blockquote><p>          &#8220;Accordingly, the Writ Petition is allowed. We direct 10<br \/>\n          seats as agreed by the &#8211; College to be reduced of the<br \/>\n          management quota for the academic session 2010-<br \/>\n          2011 in order to comply with the order passed by the<br \/>\n          Supreme Court on 4.9.2008 in SLP (Civil) Nos.17990-<br \/>\n          17991\/2008 and the order dated 22.4.2009 passed by<br \/>\n          this Court in Writ Petition Nos.5592\/2008 &amp; 5654\/2008<br \/>\n          which has been agreed to the Institution. In addition,<br \/>\n          we direct 5 more seats are to be reduced out of the<br \/>\n          management quota for 2010-2011 as 5 excess seats<br \/>\n          which remained vacant out of NRI quota were filled by<br \/>\n          the management of 2009-2010 though they were<br \/>\n          required to be filled in by the State quota on the basis<br \/>\n          of PMT. Thus, further 5 seats of the management<br \/>\n          quota shall stand reduced on this count for the<br \/>\n          academic sessions 2010-2011.&#8221;\n<\/p><\/blockquote>\n<blockquote><p>                                            (emphasis ours)<\/p>\n<\/blockquote>\n<blockquote><p>13.    We find it difficult to appreciate how the institution can<\/p>\n<p>question the direction issued by the High Court regarding the<\/p>\n<p>reduction of 10 seats after having agreed to such reduction before the<\/p>\n<p>High Court.\n<\/p><\/blockquote>\n<p>14.    That apart, a plain reading of the order of this Court dated 4th<br \/>\n       September, 2008 and the orders passed by the High Court in the<\/p>\n<p>       connected matters dated 22nd April, 2009, leave no manner of doubt<\/p>\n<p>       that the reduction of the seats had to be from out of the management<\/p>\n<p>       quota alone. The interim order passed by this Court in Civil Appeal<\/p>\n<p>       No.4060 of 2009 on 27th May, 2009 clearly specified that the NRI seats<\/p>\n<p>       to the extent of 15% of the total number of seats, shall be first<\/p>\n<p>       reduced from the total and the balance 85% shared half and half<\/p>\n<p>       between college and the State. Instead of doing so, the Counseling<\/p>\n<p>       Committee and the govt. officials adopted a wrong method of<\/p>\n<p>       calculating the seats by reducing 21 seats from the total number of<\/p>\n<p>       100 seats.          The above method of calculation was not the correct<\/p>\n<p>       method to be adopted in the matter.           The Committee allocated the<\/p>\n<p>       seats in the following manner :<\/p>\n<pre>\n\n\nName          of   Total    NRI    Pvt.    State     PH    UR   ST   SC   OBC   Total\nInstitution        Seats           Quota   Quota\n\n\n\n\nR.D.     Gardi     100      15     32      32+21 =   2     26   10   8    7     51\nMedical            -21                     53        UR\nCollege,           =79\nUjjain                                               OBC\n\n\n\n\n<\/pre>\n<p>       15.         The direction of this Court that 15% seats towards NRI will be<\/p>\n<p>       first reduced from the total has been ignored by the authorities. By<\/p>\n<p>       doing so the reduction of 21 seats has taken place vis-`-vis not only<br \/>\nthe management quota but even the State quota. This Court had<\/p>\n<p>never directed reduction of any seat from the State quota. The<\/p>\n<p>reduction had to be only from the management quota, for it was the<\/p>\n<p>management who had committed an irregularity which it was directed<\/p>\n<p>to correct by surrendering an equal number of seats to the State.<\/p>\n<p>16.    It was contended by learned counsel for the appellants that the<\/p>\n<p>direction regarding reduction of 21 seats from management quota was<\/p>\n<p>issued by this Court at a time when the management had 100 seats to<\/p>\n<p>its share which position had changed on account of the interim<\/p>\n<p>direction of this Court in Civil Appeal No.4060 of 2009. There is, in our<\/p>\n<p>opinion, no merit in that contention. So long as the order of this Court<\/p>\n<p>directing reduction from out of the management share of seats was<\/p>\n<p>capable of being implemented and enforced and so long as there were<\/p>\n<p>enough number of seats from out of which it could be made to<\/p>\n<p>surrender the requisite number of seats, it did not make any<\/p>\n<p>difference whether the management had 100 seats available to it or a<\/p>\n<p>lesser number. Even after the interim order passed by this Court, the<\/p>\n<p>management had at least 43 seats in its quota for the session 2009-<\/p>\n<p>2010 to comply with the direction of this Court.     In as much as the<\/p>\n<p>management failed to do so with or without the support or connivance<\/p>\n<p>of the State authorities who were charged with the duty of complying<br \/>\nwith the direction of this Court it committed a mistake which could be<\/p>\n<p>corrected by directing surrender of the requisite number of seats to<\/p>\n<p>the State for the session 2010-2011. The direction, therefore, by the<\/p>\n<p>High Court to that effect was perfectly justified.<\/p>\n<p>17.    Coming then to the question whether the direction regarding<\/p>\n<p>surrender of 5 unfilled NRI seats for the session 2009-2010 to the<\/p>\n<p>State was justified we need only mention that the High Court has<\/p>\n<p>correctly interpreted the order of this Court and rightly held that<\/p>\n<p>unfilled NRI seats to be shared equally between the college and the<\/p>\n<p>management. Inasmuch as the appellant-college had utilized the<\/p>\n<p>unfilled NRI seats all by itself it had committed clear irregularity<\/p>\n<p>justifying reduction of the excess seats during the session 2010-2011.<\/p>\n<p>18.    This Court had directed the NRI seats to be filled up in<\/p>\n<p>accordance with the Act and the Rules. Rule 8 of Admission Rules<\/p>\n<p>2008 in this regard relevant may be extracted:\n<\/p>\n<\/p>\n<blockquote><p>          &#8220;Rule 8: For remaining vacant seats the sequence of<br \/>\n          admission shall be as under:<\/p><\/blockquote>\n<p>          1)    &#8220;Firstly 15% seats shall be filled by management<br \/>\n                of the respective institution by NRI candidates<br \/>\n                only they are available. If sufficient number of<br \/>\n                NRI candidates are not available remaining vacant<br \/>\n                seats shall be merged into general pool. Seats in<br \/>\n                general pool shall be filled on the basis of merit of<br \/>\n               state level common entrance test conducted by<br \/>\n               Madhya Pradesh Vyavasyik Pariksha Mandal or<br \/>\n               may other agency authorized by the state<br \/>\n               government for this purpose.\n<\/p>\n<p>          2)   Secondly remaining seats shall be filled on the<br \/>\n               basis of merit of National level test as decided by<br \/>\n               the State Government.\n<\/p>\n<p>          3)   Thirdly remaining seats shall be filled on the basis<br \/>\n               of marks obtained in the qualifying examination.<\/p>\n<p>          4)   All these admissions shall be done through<br \/>\n               centralized counseling conducted by counseling<br \/>\n               authority declared by the State Government<br \/>\n               Committee for this purpose.          The detailed<br \/>\n               procedure for the counseling shall be notified by<br \/>\n               the counseling authority from time to time.&#8221;\n<\/p>\n<\/p>\n<p>19.    A plain reading of the above leaves no manner of doubt that<\/p>\n<p>unfilled NRI seats had to be transferred to the general pool to be filled<\/p>\n<p>up on the basis of the merit of the candidates in the State level<\/p>\n<p>common entrance test conducted by Madhya Pradesh Vyavasyik<\/p>\n<p>Pariksha Mandal or by any other agency authorized by the State<\/p>\n<p>Government for that purpose.      The unfilled seats in the NRI quota<\/p>\n<p>were, therefore, to be treated as a part of the general pool and once<\/p>\n<p>that was done the share of the college in terms of the order passed by<\/p>\n<p>this Court would be 50% out of the said seats. The High Court has, in<\/p>\n<p>that view, rightly held that while the management was justified in<\/p>\n<p>filling up 5 unfilled seats in NRI quota, the remaining 5 could not have<br \/>\nbeen filled up otherwise than on the basis of the entrance test referred<\/p>\n<p>to in Rule 8 (supra).\n<\/p>\n<\/p>\n<p>20.    In the result there is no merit in these appeals which fail and<\/p>\n<p>are hereby dismissed with costs assessed at Rs.50,000\/-. The costs<\/p>\n<p>shall be paid to the writ petitioners in equal proportion.<\/p>\n<p>                             &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<p>                             (MARKANDEY KATJU)<\/p>\n<p>                             &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;J.\n<\/p>\n<pre>New Delhi                    (T.S. THAKUR)\nSeptember 30, 2010\n<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India R.D.Gardi Medical College &amp; &#8230; vs State Of M.P.&amp; Ors on 30 September, 2010 Author: T Thakur Bench: Markandey Katju, T.S. Thakur REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICITION CIVIL APPEAL NOS. 8429-8430 OF 2010 (Arising out of S.L.P. (C) Nos.26164-26165 of 2010 R.D. Gardi Medical College &amp; [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-172926","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>R.D.Gardi Medical College &amp; ... vs State Of M.P.&amp; Ors on 30 September, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/r-d-gardi-medical-college-vs-state-of-m-p-ors-on-30-september-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"R.D.Gardi Medical College &amp; 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