LexSTATE OF M.P. & ANR. versus SURESH NARAYAN VIJAYVARGIYA & ORS.
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[2014] 3 S.C.R. 374 A STATE OF M.P. & ANR. v. SURESH NARAYAN VIJAYVARGIYA & ORS. (Contempt Petition (Civil) No. 390 of 2011) IN B Civil Appeal No. 4060 of 20.09. c FEBRUARY 27, 2014 [DR. B.S. CHAUHAN, K.S. RADHAKRISHNAN AND S.A. BOBDE, JJ.] CONTEMPT OF COURT: Medical admissions - Admission to MBBS seats - Interim orders by Supreme Court in matter of sharing of seats 0 between State Government and respon_qent-private medical colleges - Admissions made by respondents on all seats in violation of orders of Supreme Court - By order of High Court state quota students also admitted resulting in admissions in excess of sanctioned strength - Held: Once the court passes E an order, the parties to the proceed 9ings before the court cannot avoid implementation of that order by seeking refuge under any statutory rule and it is not open to the parties to go behind the orders and truncate the effect of those orders - There has been a willful disobedience by the contemnors of the orders passed by the Court, which is nothing but F interference with the administration of justice - Contemnors have shown scant respect to the orders passed by the highest Court of the land and depicted undue haste to fill up the entire seats evidently not to attract better students or recognize merit, but possibly to make unlawful gain, adopting unhealthy G practices - Contemnors have tendered unconditional and unqualified apology and volunteered to set right the illegality committed by them, but the purpose for flouting the orders has been achieved, that is, the contemnors wanted to fill up the entire seats by themselves - Therefore, to maintain the H 374 STATE OF M.P. & ANR. v. SURESH NARAYAN 375 VIJAYVARGIYA & ORS. sanctity of the orders of the Court and to give a message that. A the parties cannot get away by merely tendering an unconditional and unqualified apology after enjoying the fruits of their illegality, the Court imposes a fine of Rs. 50 lakhs - Directions given for adjustment of seats in the following academic sessions - Medical education. B The Supreme Court of India passed interim order dated 27.5.2009 and 27.1.2011 in the matter of sharing of MBBS seats between private medical colleges and the State Government. The State Government and the Director of Medical Education filed the instant contempt C petition alleging that the respondents-private medical · colleges filled up the entire 150 seats for the year 2011- 2012 without sharing it with the State Government and thus violated the orders of Court passed on 27.5.2009 and 27.1.2011. The students of the State quota; approached D the High Court, which directed the respondents to admit the said students and with that the number of admitted students. went upto 245 as against sanctioned strength of 150. It was further stated that since the respondents did not have infrastructural facility to admit 245 students, E it adversely affected the academic standards of the students admitted. Disposing of the petition, the Court HELD: 1.1 The situation has been created by the F contemnors themselves by filling up of the entire 150 seats in total defiance of the interim orders passed by this Court on 27.5.2009 and 27.1.2011 making an interim arrangement for seat sharing between the State Government and the private educational institutions from G the year 2009-10 onwards in the State of Madhya Pradesh, which are binding on the contemnors. The contemnors attempted to justify their action on the ground that they are regulated by the Private Universities Act and that AFRC Act has ceased to apply and, after the H t 376 SUPREME COURT REPORTS [2014] 3 S.C.R. A notification dated 4.5.2011, the State Government has no right even to share seats in their institution, de hors the interim orders passed by this Court. This stand taken- by the contemnors is also not correct, since s. 7(m) of the Private University Act, 2007 provides that admission shall B not be started till the concerned statutes and ordinances are approved as per s. 35 of the Act, which states that the statutes and ordinances shall come into force only upon publication in the official Gazette. Even otherwise, once there is an order in force binding on the parties, they c cannot violate or ignore that order, taking shelter under a statutory provision and if any modification of the orders is warranted, parties should have approached this Court and sought fo
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