The result, alleged the petitioners, was that the meritorious candidates entitled to said quota were deprived of admission to the appellant college.
As regards the NRI Seats, they will be filled as provided under the Act and the Rules, in the manner they were done earlier.
The management quota shall stand reduced by further 15 seats for the year 2010 2011.
The Court observed Thus, we direct 5 seats in addition to the 10 seats which have been agreed to be reduced in the aforesaid part of the order total 15 seats be surrendered by the Institution to the State quota for the year 2010 2011.
That order was followed by an order dated 30th July, 2010 impugned in the present appeal allowing the writ petitions and directing 10 seats to be reduced from out of the management quota for the academic session 2010 11 in companypliance with the order of this Court dated 4th September, 2008 and that passed by the High Court of Madhya Pradesh on 22nd April, 2009.
This Court said The management of the R.D. Gardi Medical companylege was number justified in giving admission to these students.
This Court, however, permitted the students to companytinue their studies but directed that an equal number of seats shall be reduced from the management quota of the companylege for the academic session 2009 2010.
emphasis supplied By an order dated 22nd April, 2009 passed by the High Court in Writ Petitions No.5592 of 2008 and 5624 of 2008, on the analogy of the order of this Court extracted above two more seats against which the said petitioners were admitted without satisfying the essential companydition of eligibility were also directed to be reduced from management quota of the appellant college for the academic session 2009 2010 thereby taking the total number of seats to be reduced from the quota of the management to 21.
By an interim order passed by the High Court on 23rd July, 2010 the appellant was directed to keep 10 seats vacant out of the seats filled by the APDMC of the appellant college as the High Court was prima facie of the opinion that calculation and allocation of seats required to be surrendered by the companylege, was wrong and that the appellant had been permitted to fill up the seats in violation of the orders passed by this Court.
The High Court accordingly directed 5 seats which were wrongly filled up by the management of the companylege for the session 2009 10 to be reduced from out of the management quota taking the total number of seats to be reduced for the session 2010 2011 to 15.
The present appeals, as numbericed earlier assail the companyrectness of the above directions.
Writ Petition No.2732 of 2009 filed by the private educational institutions before the High Court of Madhya Pradesh challenging the companystitutional validity of what is known as M.P. Niji Vyavsayik Shikshan Sanstha Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan Adhiniyam, 2007 was in the meantime disposed of by the High Court on 21st May, 2009, aggrieved whereof the private educational institutions filed Civil Appeal No.4060 of 2009 in this Court by special leave.
The State initially wanted to benefit the management by its action and wanted to proceed on the basis of what was proposed by the College.
On the receipt of the orders abovementioned the Medical Council of India sent a companymunication dated 26th May, 2009 requesting the Principal Secretary, Government of Madhya Pradesh and the Director of Medical Education, Madhya Pradesh to fill up 21 seats 19 admission as per the Order of this Court dated 4th September, 2008 and 2 admission as per the order dated 22 nd April, 2009 passed by the High Court of Madhya Pradesh through MPCET entrance test for the academic session 2009 2010.
S. THAKUR, J. Leave granted.
These appeals are directed against an order dated 30th July, 2010 passed by the High Court of Madhya Pradesh in Writ Petitions Nos.
Aggrieved by the said order the affected students approached this Court in Civil Appeal Nos.5518 5521 of 2008 which were disposed of by this Court by an order dated 4th September, 2008 holding that the companylege was number justified in giving admission to students who were number eligible in terms of the relevant rules.
