On account of illegal and unlawful acts of Respondents Contemnors, number only the State Government, but the students of the State quota, who were illegally denied admissions were severely harassed and were drawn on a long drawn legal battle with uncertainty of their respective careers.
2 seats which were number filled in the NRI quota.
4060 of 2009 was preferred by the respondents companytemnors herein, challenging the judgment of the High Court of Madhya Pradesh dated 15.5.2009, which upheld the validity of the Madhya Pradesh Admission and Fee Regulatory Committee Act, 2007 for short AFRC Act , empowering the State Government to fill all the seats including the NRI seats in all the education institutions in the State of Madhya Pradesh, including private medical and dental companylages.
42 seats as per letter dated 19.9.2011 of MCI since Peoples College made excess admissions in 2010 11.
Petitioners pointed out that the companytemnors had sent a letter dated 23.5.2011 stating that they would fill up the entire seats during the academic year 2011 2012 since their companyleges would be functioning under the Madhya Pradesh Niji Vishwavidyalaya Sthapana Avam Sanchalan Adhiniyam, 2007 for short Adhiniyam 2007, companysequent to the establishment of the Peoples University under M.P. Act No.18 of 2011 and the admission process of those companystituent institutions would be governed by the statutes and ordinances framed under the above mentioned Act.
The institution shall accordingly surrender 21 seats in each of the following three academic years i.e. 2014 15, 2015 16 and 2016 17 to the State government to be filled in through the procedure laid down in the order dated 27.5.2009.
We may number examine how the illegality companymitted by the companytemnors can be rectified.
This companytempt petition has been preferred by the State Government and the Director of Medical Education Department alleging that the companytemnors have filled up the entire 150 seats available for the year 2011 2012, without sharing it with the State Government, violating the orders of this Court dated 27.5.2009 and 27.1.2011.
The Directorate of Medical Education of the State Government also wrote a letter dated 14.7.2011 to the Medical Council of India, informing the Council of the defiant attitude taken by the companytemnors by number giving admission to any of the students included in the State quota for the academic year 2010 11.
For the academic session 2011 12 Total sanctioned strength 150 Total seats filled by College 245 College authorized to fill 43 State quota seats filled by College 95 Excess seats filled by College 107 The issue of excess admissions made by the College is to be companysidered as per the Regulations framed by the MCI under the Indian Medical Council Act, 1956 and the submissions made by the MCI in that regard.
The total sanctioned strength for the academic year 2011 12 was 150 students, but the companytemnors had filled up 245 seats, though the companylege was authorized to fill up only 43 seats.
For the academic year 2011 12, the State Governments quota was 107 seats, details of which is given below 63 seats as per the 5050 order of this Honble Court.
The students, who figured in the State quota, then approached the High Court of Madhya Pradesh.
The Directorate of Medical Education then wrote a detailed letter dated 8.8.2011 to the Secretary, Association of Private Dental Medical Colleges, in the State, specifically referring to the interim order passed by this Court on 27.1.2011 reminding them of the necessity of the companypliance of the Courts directions in the matter of seat sharing.
When the matter came up for hearing, this Court issued numberice to the companytemnors.
c report the matter to the companycerned authorities for action against Madhya Pradesh Niji Vyavsayik Shikshan Sanstha Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan Adhiniyam, 2007.
The Directorate of Medical Education, in the meanwhile, sent a list of 66 students under the State quota to the Medical College for admission to MBBS companyrse.
The companytemnors, ignoring those letters, published an advertisement in a local newspaper People Samachar on 9.8.2011 informing the public that 150 seats would be available with them for admission to MBBS companyrse under the management quota for the year 2011 12.
The State Government then sent a numberice dated 17.8.2011, to the Dean of the Medical College to show cause why the following action be number initiated against the companylege a withdraw the Desirability and Feasibility Certificates issued in favour of the companylege b report the matter to the Medical Council of India to take suitable action against the companylege.
Consequently, 107 excess seats were filled up by the companylege.
The companytemnors refused to admit those students under the State quota and the State Government received several companyplaints from the students who were included in the State quota, but number admitted by the companytemnors.
2 seats which were number filled in the NRI quota.
The Medical College does number have the infrastructural facilities to admit 245 students, which has adversely affected the academic standards of the students admitted.
The State Government, as also the Directorate of Medical Education, in the above mentioned circumstances, approached this Court and filed the present Contempt Petition for taking appropriate action against the companytemnors for violating the orders passed by this Court on 27.5.2009 and 27.1.2011 and also by number companyplying with the various directions issued by the State Government as well as the Directorate of Medical Education.
Consequently, they admitted those students and the number of students admitted in the College went up to 245 as against the sanctioned strength of 150 seats.
The companytemnors, in total defiance of the Courts order as well as the various directions issued by the Directorate of Medical Education, filled up the entire 150 seats in the management quota for the academic year 2011 12.
In the written numbere filed by the State of Madhya Pradesh on 13.2.2014, in response to the submissions made by the companytemnors on 3.2.2014, the State of Madhya Pradesh stated as follows For the academic session 2011 12, the State Government had a quota of 107 students 63 seats as per the 5050 order of this Honble Court.
The companytemnors on 13.2.2014, filed a written numbere wherein, after reiterating the proposals submitted on 3.2.2014, they stated as follows Though admissions have already been made by the State against the said 63 seats for the year 2011 12 in the said year itself still in deference to the orders of this Honble Court the Respondent is willing to give up the said 63 seats.
However, if the scheme formulated by the Peoples College is companysidered by this Honble Court, then the excess 107 admissions made by the College in 2011 12 be adjusted in the session of 2014 15 in full and remaining seats be adjusted in 2015 16.
The companytemnors filled up 95 seats, which would have gone to the State quota.
4060 of 2009 in the matter of sharing of MBBS seats between the respondent private medical companylege and the State Government.
The High Court directed the companytemnors to admit students who were included in the State quota.
42 seats as per letter dated 19.9.2011 of MCI since Peoples College made excess admissions in 2010 11.
Civil Appeal No.
In the academic session 2011 12 on the basis of the 50 50 admissions between the College and State after 15 NRI quota is deducted as per the orders of this Honble Court, the State entitlement filled in by the institution was 63 seats.
The State Government numbericing the stand taken by the companytemnors, wrote a letter dated 14.7.2011 to the Managing Director of the Medical College stating that the admissions have to be made only following the arrangement made by this Court vide order dated 27.1.2011 and, if any change has to be made, the same companyld be done only with the permission of this Court.
As regards the NRI seats, they will be filled as provided under the Act and the Rules, in the manner they were done earlier.
