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INDEX MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTER v. THE STATE OF MADHYA PRADESH

Supreme Court of India | 2021 INSC 61 | Diary 28/2021

Status

Order

Decided On

2021-02-03

Bench

HON'BLE MR. JUSTICE L. NAGESWARA RAO and HON'BLE MS. JUSTICE INDIRA BANERJEE

Petitioner

INDEX MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTER

Respondent

THE STATE OF MADHYA PRADESH

Citation

2021 INSC 61

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Full Judgment Text

1

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No. 867 of 2021 (@ SLP (C) No.179 of 2021)

Index Medical College, Hospital and Research Centre. .... Appellant(s)

Versus

The State of Madhya Pradesh & Ors. …. Respondent (s)

WITH Civil Appeal No. 868 of 2021 (@ SLP (C) No.1109 of 2021)

Civil Appeal No. 869 of 2021 (@ SLP (C) No.1274 of 2021)

O R D E R

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

2

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.”

2. Reasons for the order dated 03.02.2021 are given

hereinunder:-

3. The Appellants-Private Medical Colleges filed Writ Petitions in

the High Court of Madhya Pradesh, Bench at Indore, challenging the

Constitutional validity of Sub-Rule 8 (a) of Rule 12 of the Admission

Rules (Madhya Pradesh Chikitsa Shiksha Pravesh Niyam), 2018

(hereinafter, ‘the Rules’). Aggrieved by the dismissal of the Writ

Petitions, the Appellants are before this Court.

4. Th...

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