VNS COLLEGE OF PHYSICAL EDUCATION AND MANAGEMENT STUDIES AND OTHERS versus STATE OF MADHYA PRADESH AND ORS.

Citation: [2015] 12 S.C.R. 806 · Decided: 06-11-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Dismissed

Judgment (excerpt)

[2015] 12 S.C.R. 806 
A 
VNS COLLEGE OF PHYSICAL EDUCATION AND 
B 
MANAGEMENT STUDIES AND OTHERS 
v. 
STATE OF MADHYA PRADESH AND ORS. 
(Civil Appeal No. 13353 of 2015) 
NOVEMBER 6, 2015 
[M. Y. EQBAL AND C. NAGAPPAN, J.] 
c 
Education I Educational Institutions -Admissions - In 
Private Recognized institutions- To the courses of B.Ed. -
By conducting college level counseling and admit students 
possessing minimum eligible mark - On the seats lying 
vacant after the admission on counseling by the State from 
D among the candidates who appeared in the entrance 
examination conducted by Vyapam - Permissibility- Held: 
Under the Guidelines for admission framed by the state, 
counseling was permissible after online registration only to 
those students who had participated in the entrance exam 
E conducted by Vyapam -Against the total seats of 53, 865 in 
the State of Madhya Pradesh, counseling of 63,406 
candidates (all the candidates who participated in the 
Vyapam examination), was conducted- Despite four rounds 
of counseling by the State, vacancy of 50% seats shows that 
F the candidates are not interested in getting admission in those 
colleges - Thus, in view of the above facts, the appellants I 
petitioners colleges cannot be allowed to conduct a college 
level counseling and admit students, who have not appeared 
in the entrance exam - Appeals dismissed. 
G 
CIVIL APPELLATE JURISDICTION : CivilAppeal No. 
13353 of 2015 
From the Judgment and order dated 23.07.2015 of the 
H 
806 
VNS COLLEGE OF PHYSICAL EDUCATION AND MGT. 
807 
STUDIES v. STATE OF M. P. 
High Court of Madhya Pradesh Principal Bench at Jabalpur in . A 
Writ Petition (C) No. 11069 of2015 
WITH 
W. P. (C) No. 674of2015 & 
C.A. Nos. 13355-13357of2015 
Vikas Singh, Sr.Advocate, Ravi Kant, Mayank Manish, 
Chandra Prakash, Advocates, for the Appellants. 
Arjun Garg, Manish Yadav,Advs., for the Respondents. 
The Judgment of the Court was delivered by 
M. Y. EQBAL, J. 1. Leave granted. 
2. Heard Mr. Vikas Singh, learned senior counsel 
appearing for the appellants I writ petitioner and Mr. Arjun Garg, 
learned counsel appearing for the respondents. 
B 
c 
D 
3. In all these applications the appellants/petitioner, E 
private recognized institutions are aggrieved by the impugned 
orders passed by the High Court of Madhya Pradesh refusing 
to pass an interim order directing these institutions for 
conducting counseling and admission to the students 
possessing minimum eligible marks. In other words, these F 
appellants/petitioner seek permission to conduct college level 
counseling to fill up the left over vacant seats. The grievance 
of the appellants/petitioner is that because of the alleged 
arbitrary decision of Higher Education Department seats in 
these institutions have been left vacant. 
G 
4. It appears that by the impugned decision taken by the 
Department of Higher Education, admission to students have 
been restricted to only those students who have appeared in 
the entrance examination conducted by Vyapam and is not H 
808 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A open for all students possessing the minimum eligibility marks 
from the qualifying examination and also opposed the request 
for college level counseling. 
5. The contention of the appellants I petitioner are that 
B the counseling by the respondent Department is being 
conducted in complete derogation of various mandatory 
provisions of Admission Rules 2008 framed by the State 
Government itself under the provisions of Madhya Pradesh 
Niji Vyavsayik Shakshan Sansthan Adhiniyam 2007 where 
C under it is provided that if after two rounds of counseling, the 
seats are left vacant in the private unaided colleges then the 
admission process would be open for all the students having 
minimum eligibility criteria and having minimum marks in the 
· qualifying examination. It is pleaded that it further provides 
D that "College level counseling" shall also be permitted to be 
carried out by the concerned college itself for filling its vacant 
seats. 
6. It has further been contented by the appellants that 
E despite almost more than 50% seats are lying vacant in their 
institutions, the respondent authorities have till date restricted 
the admissions to only those students who have appeared in 
the entrance examination conducted by Vyapam and not 
opened for all students possessing the minimum eligibility 
F marks from the qualifying examination and have also proposed 
no program for colleg

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