Supreme Court of IndiaOrissa Pvt.Medi. & Dental Col. Asso vs Chairman,Orissa Jt. Entr. Exam.-2011 ... on 11 November, 2011Bench:Chandramauli  Kr. Prasad,H.L. DattuREPORTABLE


                   IN THE SUPREME COURT OF INDIA

                   CIVIL APPELLATE JURISDICTION



                    CIVIL APPEAL NO. 9690 OF 2011

               (Arising out of SLP (C) No.27690 of 2011)




Orissa Private Medical & Dental Colleges

Association, through its Chairman                              .............. Appellant


                                        versus




Chairman, Orissa Joint Entrance 

Examination-2011 & Ors.                                         .................Respondents





                                    O R D E RH. L. Dattu, J.1)           Leave granted.  




2)           The appellant - Orissa Private Medical and Dental CollegesAssociation   in   this   appeal   is   impugning   the   Judgment   and 


             Order passed by Orissa High Court in W.A. No. 429 of 2011 


             dated 07.09.2011.3)           For   the   purpose   of   disposal   of   this   appeal,   we   need   not 


             notice   in   detail   the   facts   and   issues   raised   in   this   appeal,1since the submission made by the learned counsel at the time  


      of hearing lie in a narrow compass.4)    Sri. L. Nageshwara Rao, learned senior counsel, submits that 


      in   view   of   the   Reply   Affidavit   filed   by   Chairman,   Orissa 


      Joint Entrance Examination - 2011 (for short, "OJEE-11") -Respondent   No.   1,   a   direction   may   be   issued   to   them   to 


      conduct   further   counseling   from   among   624   OJEE-11 


      qualified   candidates,   who   are   in   the   waiting   list   to   fill   up 


      eight vacant seats in the Private Medical Colleges, which are 


      members of the appellant Association.5)    The   learned   counsel   for   the   respondent   OJEE-11   does   not 


      object to the reasonable request made by the learned senior 


      counsel for the appellant.6)    In the result, we order that Respondent  No. 1 will conduct 


      further counseling for the 624 OJEE-11 qualified candidates 


      in   the   waiting   list   to   fill   up   the   eight   seats,   that   are   still 


      vacant   in   the   Private   Medical   College/Colleges,   which   are 


      the   members   of   the   appellant   Association   on   or   before 


      24.11.2011,   subject   to   the   rules   and   regulations   applicable 


      for  admissions.    The  appellant shall  also  furnish  the  list  of2candidates admitted to the appropriate authority on or before 


                       30.11.2011.7)                     The appeal is disposed of accordingly.................................................J.

                                                                                                             [H.L. DATTU]





                                                                    ................................................J.

                                                                    [ CHANDRAMAULI  KR. PRASAD]

           New Delhi,

           November 11, 2011.3****