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IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD
WRIT PETITION NO.5272 OF 2017
Dr. Vitthalrao Vikhe Patil Foundation's Medical College,Ahmednagar ..Petitioner
Vs.
The Union of Indian and others ..Respondents
ANDWRIT PETITION NO.5326 OF 2017
Pravara Institute of Medical Sciences (Deemed University) ..Petitioner
Vs.
The Union of Indian and others ..Respondents
In both petitions :Mr.V.D.Hon, Senior Advocate i/b. Mr.A.V.Hon, Advocate for petitioners
Mr.S.B.Deshpande, A.S.G.I. for respondent no.1
Mr.S.K.Kadam, Advocate for respondent no.2
Mr.A.V.Deshmukh, AGP for respondent nos.3 and 4
Mr.M.D.Narwadkar, Advocate for respondent no.5
CORAM : S.V. GANGAPURWALA ANDSANGITRAO S. PATIL, JJ.
DATE : MAY 05, 2017
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PER COURT :
Writ Petition No.5326 of 2017 is filed by
a Deemed University and Writ Petition No.5272 of
2017 is filed by an unaided private college.
2. The learned AGP has placed on record a
communication received from the Advocate on
record, stating that the Hon'ble Apex Court has
passed adinterim order to the following effect :
1. The MCI suggestions would be
implemented;
2. The current situation is only for the
20172018 academic year;
3. No State quotas will be implemented.
Counseling is at an AllIndia level;
4. All India NEET merit list will be used
as the basis for the counseling;
5. All Deemed Universities can submit the
applications received by them to the State
Authority till 7 pm. on 08.05.2017;
6. The State conducted common counseling
will commence on 11.05.2017;
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7. The Writ is posted to 20.09.2017 for
final hearing on merits.
3. The MCI suggestions are also reproduced in
the said communication, which are as under :
1. Common counseling for admission to Post
Graduate Medicine Courses in Deemed
Universities shall be conducted by the State
Government or the authority designated by the
State Government.
2. In cases where the Deemed University has
accepted applications from the candidates the
same shall be forwarded to the State
Government or authority designated by the
State Government. The State Government or the
authority designated by the State Government
shall include the names of the candidates who
had applied to the Deemed Universities and
prepare common a list of students in order of
merit. However, the application of those
students who have already taken admission in
any post graduate medicine course in any
medical college shall not be considered by
the State Government.
3. During the common counseling conducted by
State Government the representatives of the
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Deemed Universities including representatives
of those Deemed Universities who are also
minority institutions should be a part of the
admission/counseling committee as the case
may be.
4. The students who secure admission in post
graduate medicine course, at the time of
common counseling itself, should be made to
deposit with the admission/counseling
committee the Demand Draft towards the
tuition fees payable to the concerned Deemed
University. The admission/counseling
committee shall forthwith forward the Demand
Draft to the respective Deemed Universities.
5. In institutions run by minority, the seats
reserved for minority, if any, will be filled
up by minority students in order of merit.
Therefore, the rights of minority
institutions are fully protected. In the
event, if any minority quota seat in minority
institution is not filled up by minority
students then the said seat shall be filled
up by General category students in order of
merit.”
4. Naturally, the adinterim order of the
Hon'ble Apex Court would apply to the unaided
private colleges also. As the Hon'ble Apex Court
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has passed the adinterim order, the parties,
naturally, would be covered by the same.
5. Mr.Hon, learned Senior Counsel submits
that he could not lay his hands on the order passed
by the Apex Court and if any change is noticed in
the adinterim order passed by the Hon'ble Apex
Court, he may be given liberty to move the
petitions.
6. After receipt of the adinterim order
passed by the Hon'ble Apex Court, if any change in
the order, than the one reproduced above, is
noticed, the petitioners would be at liberty to
move the petitions even during the vacation.
7. Stand over to 12.06.2017.
8. Authenticated copy of this order be given
to the parties requesting therefor.
[SANGITRAO S. PATIL, J.] [S.V. GANGAPURWALA, J.]kbp
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