Index Medical College, Hospital and Research Centre. vs The State of Madhya Pradesh & Ors. …. Respondent (s) WITH

Supreme Court3 February 2021L. Nageswara Rao · Indira Banerjee

Neutral2021 INSC 61
SCR[2021] 1 SCR 647

Ratio decidendi

The rule this decision rests on

Rule 12(8a) of the Madhya Pradesh Chikitsa Shiksha Pravesh Niyam 2018, which provides for the allocation or filling of seats in the manner stipulated therein, contravenes Article 14 of the Constitution of India because it does not afford equal protection or equal treatment in the allocation or filling of medical education seats in the manner that the regulation prescribed.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

ITEM NO.14+7 Court 8 (Video Conferencing) SECTION IV-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS ITEM 14 Petition(s) for Special Leave to Appeal (C) No(s).179/2021

(Arising out of impugned final judgment and order dated 15-12-2020 in WP No. 14274/2020 passed by the High Court Of M.P. At Indore)

INDEX MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTER Petitioner(s)

VERSUS

THE STATE OF MADHYA PRADESH & ORS. Respondent(s) (With appls.for exemption from filing c/c of the impugned judgment, exemption from filing O.T. and application for taking on record)

WITH SLP(C) No. 1109/2021 (IV-C) (With appls.for exemption from filing c/c of the impugned judgment, exemption from filing O.T.)

ITEM 7

SLP (C) No.1274/2021 (With appls.for exemption from filing c/c of the impugned judgment, exemption from filing O.T., exemption from filing affidavit)

Date : 03-02-2021 These matters were called on for hearing today.

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

For Petitioner(s) Mr. Neeraj Kishan Kaul, Sr. Adv Mr. Siddharth R. Gupta, Adv Mr. Nishit Agrawal, AOR Mr. Manu Maheshwari, Adv Mr. Harsh Mishra, Adv Ms. Namisha Chadha, Adv

For Respondent(s) Mr. Saurabh Mishra, AAG Mr. Sunny Choudhary, AOR Signature Not Verified Mr. Amalpushp Shroti, AOR Digitally signed by GEETA AHUJA Date: 2021.02.03 16:56:38 IST Reason:

UPON hearing the counsel the Court made the following 2

O R D E R

After hearing the learned counsel for the

parties, we declare Rule 12 (8a) 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.

(Geeta Ahuja) (Anand Prakash) Court Master Court Master

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