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Civil · Reportable judgment

Index Medical College, Hospital and Research Centre vs The State of Madhya Pradesh & Ors.

Court
Supreme Court of India
Date
3 February 2021
Case No.
Civil Appeal No. 867 of 2021
Result
Allowed
Bench
L. Nageswara Rao, Indira Banerjee
Citation
[2021] 1 S.C.R. 647 : 2021 INSC 61
Supreme Court Reports [2021] 1 S.C.R. 647 : 2021 INSC 61
Headnote

Education/Educational Institutions:

Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 – r. 12(8)(a) – Allotment for admission in the last round of counselling (Mop up round)– r.12(8)(a) providing that vacant seats which arise due to candidates in mop-up round not taking admission or submitting resignation after taking admission, not to be included in college level counselling – Constitutional validity – Held: Object of insertion of r.12(8)(a) was to ensure that admission to medical institutions are made strictly in accordance to merit as the Government noticed that lesser meritorious candidates were getting better colleges/subjects – According to r. 12(8)(b), those students who do not join after being allotted a seat through mop-up round would automatically be declared ineligible for the next round of counselling – They would not be entitled for admission to any other medical/dental colleges – Measure taken by the Government of proscribing the managements from filling up those seats that fell vacant due to non-joining of the candidates in mop-up round is an excessive and unreasonable restriction – Right to admit students which is a part of the management’s right to occupation u/Art. 19(1)(g) stands defeated by r.12(8)(a) as it prevents them from filling up all the seats in medical courses – Moreover, seats being kept vacant results in huge financial loss to the management of the educational institutions apart from being a national waste of resources – It is detrimental to public interest – Thus, the policy of not permitting the managements from filling up all the seats does not have any nexus with the object sought to be achieved by r.12(8)(a) – Classification of seats remaining vacant due tononjoining may be based on intelligible differentia but it does not have any rational connection with the object sought to be achieved by r.12(8)(a) – Applying the test of proportionality, the restriction imposed by the Rule is unreasonable – Thus, r.12 (8)(a) is violative of Arts. 14 and 19(1)(g) – Constitution of India – Arts. 14 and 19(1)(g).

Dar-us-Slam Educational Trust & Ors. v. Medical Council of India and Ors. (2017) 8 SCC 627; T.M.A. Pai Foundation & Ors. v. State of Karnataka & Ors. (2002) 8 SCC 481 : [2002] 3 Suppl. SCR 587; State of T.N. & Anr. v. P. Krishnamurthy & Ors. (2006) 4 SCC

Read the full headnote (5 more paragraphs)

517 : [2006] 3 SCR 396; Kerala State Beverages (M&M) Corpn. Ltd. v. P.P. Suresh (2019) 9 SCC 710; Om Kumar and Ors. v. Union of India (2001) 2 SCC

386 : [2000] 4 Suppl. SCR 693; District Central Cooperative Bank V. Coimbatore District Central Cooperative Bank Employees Association and another (2007) 4 SCC 669; Modern Dental College and

Research Centre & Others v. State of Madhya Pradesh (2016) 7 SCC 353 : [2016] 3 SCR 579; M.R.F. Ltd. v. Inspector Kerala Govt. (1998) 8 SCC 227 : [1998] 2 Suppl. SCR 632 – referred to

R. v. Oakes (1986) 1 SCR 103 (Can.SC) – referred to

Proportionality and Principled Balancing by Aharon Barak, 4 Law & Ethics Human Rights, 1 – referred to

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER Leave granted. 1. We had heard the above set of Appeals and passed an order on 03.02.2021 as follows: “After hearing the learned counsel for the parties, we declare Rule 12 (8) (a) of the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam, 2018 as violative of Article 14 of the Constitution of India. We direct the State of Madhya Pradesh to initiate the process of filling up the 7 unfilled seats of 1st year MBBS course in the mop-up round for the year 2020-21 by college level counselling within a period of 7 days from today. Reasons to follow
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