MODERN DENTAL COLLEGE AND RESEARCH CENTRE AND OTHERS versus STATE OF MADHYA PRADESH & ORS.

Citation: [2012] 2 S.C.R. 685 · Decided: 03-04-2012 · Supreme Court of India · Bench: DEEPAK VERMA · Disposal: Disposed off
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[2012] 2 S.C.R 685 
- MODERN DENTAL COLLEGE AND RESEARCH CENTRE 
A 
AND OTHERS 
v. 
STATE OF MADHYA PRADESH & ORS. 
IA Nos. 57 & 59 
IN 
B 
(Civil Appeal No. 4060 of 2009) 
APRIL 3, 2012 
[DEEPAK VERMA, DR. B.S. CHAUHAN, 
K.S. RADHAKRISHNf-N, JJ.] 
C 
Education/Educational Institutions: Medical and Dental 
Colleges - Private unaided medical/dental colleges in the 
State of Madhya Pradesh - Admission - Unfilled NRI seats -
Whether unfilled NRI seats are to be transfeffed to general o 
pool and be shared equally to be filled up oil the basis of the 
Common Entrance Test conducted by the State level 
Committee or the Common Entrance Test conducted by the 
association of Private Dental and Medical Colleges - Held: It 
, is open to the unaided professional educational institutions 
E 
to fill up unfilled NRI seats through the entrance test 
conducted by them subject to the conditions laid down in 
*lnamdar case - The policy of reservation should not be 
enforced by the State nor any quota or percentage of 
admissions could be carved out to be appropriated by the 
F 
State in unaided educational institution - In the matter of filling 
up of unfilled NRI seats, the principles laid down in **TMA Pai 
and *lnamdar cases were not correctly applied in ***R.D. Gari 
- M.P. Admission Rules, 2008 - r.8 - Madhya Pradesh Niji 
Vyavsayik Shikshan Sanstha (Prave_sh Ka Viniyaman Avam 
G 
Shulk ka Nirdharan) Adhiniyam, 2007. 
**TMA Pai Foundation and Others v. State of Karnataka 
. and Others (2002) a sec 481: 2002 (3) Suppl. SCR 587; 
**TMA Pai Foundation and Others v. State of Karnataka and 
685 
H 
686 
SUPREME COURT REPORTS 
[2012) 2 S.C.R. 
A Others (1994) 4 SCC 728; **TMA Pai Foundation and Others 
v. State of Karnataka and Others (1995) 5 SCC 220: 1995 
(2) Suppl. SCR 608; AP (P) Engg. College Management 
Assn. v. Govt. of A.P. (2000) 10 SCC 565; *P.A. lnamdar and 
others V. State of Karnataka and others (2005) 6 sec 537: 
8 2005 (2) Suppl. SCR 603 - relied on. 
Modern Dental College and Research Centre and Ors. 
v. State of Madhya Pradesh and Ors. (2009) 7 SCC 751: 
2009 (9) SCR 845; ***R.D. Gardi Medical College and Anr. 
etc. v. State of M.P. and Ors. (2010) 10 SCC 225: 2010 (12) 
C SCR 692 - referred to. 
Case Law Reference: 
2002 (3) Suppl. SCR 587 relied on 
Para 3 
D 
2005 (2) Suppl. SCR 603 relied on 
Para 3, 11 
2009 (9) SCR 845 
referred to 
Para 4 
2010 (12) SCR 692 
referred to 
Para 5,7,8, 
12,13 
E 
. (1994) 4 sec 128 
relied on 
Para 10 
1995 (2) Suppl. SCR 608 relied on 
Para 10 
(2000) 1 o sec 565 
relied on 
Para 10 
F 
CIVIL APPELLATE JURISDICTION: I.A. No. 57 & 59. 
IN 
Civil Appeal No. 4060 of 2009. 
G 
From the Judgment ~ Order dated 15.05.2009 of the High 
Court of Madhya Pradesh at Jabalpur in W.P. No. 2732 of 
2009. 
C.A. Sundaram, Dr. Rajeev Dhawan, Puneet Jain, Sushi! 
H Kumar Jain, Pragati Neekhra, Suryanaryana Singh, B.S. 
MODERN DENTAL COLLEGE CENTRE v. STATE OF 
687 
MADHYA PRADESH 
Banthia, Vikas Upadhyay, Gaurav Sharma, Prathia M. Singh, 
A 
Surbhi Mehta, Abhinav Mukerji, Amit Kumar, Avijit Mani Tripathi, 
Sunil Kumar Jain, R.C. Kohli, Harish Pandey, Dharmendra 
Kumar Sinha, Arun Kumar Beriwal, Sanjay K. Agrawal for the 
appearing parties. 
The Judgment of the Court was delivered by 
K.S. RADHAKRISHNAN, J. 1. We are in these 
applications called upon to decide the question as to whether 
B 
the unfilled NRI seats are to be trani>ferred to general pool and 
C 
be shared equally to be filled up on the basis of the Common 
Entrance Test conducted by the State level Committee -
Vyavsayik Pariksha Mandal (VYAti'AM) or by the Common 
Entrance Test conducted by the Association of Private Dental 
· and Medical Colleges (APDMC), so 'far as the private unaided 
D 
medical/dental colleges in the State of Madhya Pradesh are 
concerned. 
2. Applicants, herein had filed Writ Petition No. 2732 of 
2009 before the High Court of Madhya Pradesh (Jabalpur) 
challenging the constitutional validity of Madhya Pradesh Niji 
E 
Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam 
Shulk ka Nirdharan) Adhiniyam, 2007 (in short 'the Act) and 
the Rules framed thereunder. The High Court vide its judgment 
dated 15.5.2009 repelled the challenge to the Act and the Rules 
but declared that the provisions of Rule 10(2)(iii) of 2009 as 
F 
ultra vires. The High Court also held that the Judgment would 
not affect the Common Entrance Test already conducted by 
VYAPAM for the year 2009-10. The above-mentioned Writ 
Petition was di
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