STATE OF M.P. Vs. SURESH NARAYAN VIJAYVARGIYA

JUDGEMENT

(1.) We are, in this contempt petition, concerned with the question whether the contemnors have violated the interim orders passed by this Court on 27.5.2009 and 27.1.2011 in Civil Appeal No. 4060 of 2009 in the matter of sharing of MBBS seats between the respondent private medical college and the State Government.

(2.) Civil Appeal No. 4060 of 2009 was preferred by the respondents/contemnors herein, challenging the judgment of the High Court of Madhya Pradesh dated 15.5.2009, which upheld the validity of the Madhya Pradesh (Admission and Fee Regulatory Committee) Act, 2007 (for short "AFRC Act"), empowering the State Government to fill all the seats (including the NRI seats) in all the education institutions in the State of Madhya Pradesh, including private medical and dental collages. Since serious disputes were raised with regard to seat sharing and fixation of quota of seats for MBBS/BDS, this Court felt that some interim arrangement should be made taking note of the interest of both the parties and also that of the students. This Court, therefore, as an interim measure, passed an order on 27.5.2009 in C.A. No.4060 of 2009 and the connected appeals, which reads as follows:

(3.) The interim arrangement made continued in the subsequent years as well and in the year 2011-2012, this Court vide its order dated 27.1.2011 in I.A. No. 50 of 2011 passed the following order: "The order dated 27th May, 2009 made in Civil Appeal No. 4060 of 2009 etc. shall be applicable for the academic year 2011-2012.