STATE OF MADHYA PRADESH Vs. ROHIT SHIVHARE

JUDGEMENT

(1.) IN this batch of appeals preferred under Clause 10 of the Letters Patent, pregnability of the composite order dated 14-4-2003 passed in four writ petitions by the learned Single Judge is called in question by the State of madhya Pradesh and its functionaries.

(2.) FACTS which are discernible from the order of the learned Single judge are that the batch of writ petitions was filed with a prayer for issue of a writ of mandamus commanding the respondents to grant admission in respect of vacant seats of All India Quota as the said seats are likely to waste. It is relevant to state here that the learned Single Judge has observed that he was apprised that 65 seats are likely to remain vacant in respect of MBBS courses and 160 seats in respect of BDS course. A plea was putforth that the State government was not to remain in a state of hibernation when there is mandate of the Apex Court to the effect that the seats in medical colleges should not be allowed to be wasted. Various other averments were made in the writ petition which are not requisite to be stated for the disposal of the present appeals.

(3.) A return was filed in Writ Petition No. 5145/2002 and the same was adopted in other writ petitions. A stand was taken by the State Government that their hands were tied by virtue of the conclusion recorded by the apex Court in the decision rendered in the case of Medical Council of India vs. Madhu Singh and others, (2002) 7 SCC 258, and as mid session admissions have been prohibited and hence, despite reversion of the seats the same could not be filled up.