2004 INSC 0753
                                    SUPREME COURT OF INDIA

                            G.S.F. Medical and Para Medical Association

                                                      Vs.

                                               State of Gujarat

                                      S.L.P. (C) No. 11930 of 2004

                                  (Mrs.Ruma Pal and Arun Kumar JJ.)

                                                 23.07.2004

                                                JUDGMENT

Ruma Pal, J.

1. The question which has been raised in this special leave petition pertains to the
interpretation of paragraph 16 of the decision of this Court in Islamic Academy of Education
& Anr. Vs. State of Karnataka and Others [ ]. According to the petitioners un-aided
professional colleges are permitted by this paragraph to form an association and to conduct a
common entrance test. In this case the State of Gujarat itself does not conduct any common
entrance test for admission to professional colleges whether aided or un-aided. It has,
however, issued a directive to the effect that all admissions in all colleges would be on the
basis of higher secondary test results. The justification for this is that this had been done for
the last two decades. It is further submitted by the State that this practice could be continued
despite paragraph 16 of Islamic Education and the State Government was entitled to direct
admissions to all the seats in the un-aided colleges even with regard to the management
quota. The quota fixed by the Committee set up according to the decision of this Court in
Islamic Academy's case (supra) is 50 : 50. It is also submitted that having regard to the delay
in the matter, it would not be in the interest of the students to allow the petitioner-association
to hold a common entrance test at this stage. Prima facie, we are of the view that the stand of
the State Government as has been upheld by the High Court appears to be contrary to the
substance of paragraph 16 of the decision in Islamic Academy's case (supra) in which this
Court appears to have proceeded on the basis that common entrance tests are conducted by
the States. It was held that un-aided professional colleges can also hold a common entrance
test if they form an association and that the un-aided professional colleges can admit students
against the quota allotted to them. # This issue is in addition to the issues raised in
connection with the admission to un-aided professional colleges raised in respect of other
States which we have already referred to the Chief Justice for the purpose of being heard and
disposed of finally by a larger Bench. Let this matter be placed along with the other matters.

2. As an interim measure, we permit the petitioner-association to proceed to conduct the
common entrance test and to admit students against the management quota.

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3. Needless to say the Committee shall have the powers to oversee the tests conducted by the
petitioner-association in terms of paragraph 19 of decision in Islamic Academy's case
(supra). It is made clear that we do not intend to interfere with the programme which has
been fixed by the Medical Council of India in accordance with the decision in Madhu Singh's
case.

4. In view of the order passed by us, the application for interventions are dismissed as
withdrawn.

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