2005 INSC 0627
                                    SUPREME COURT OF INDIA

           Association of Management of Unaided Private Medical & Dental College

                                                      Vs.

                                    Pravesh Niyantran Samiti & Ors.

                                      SLP.(Civil)No.11367 of 2005

                    (Y.K. Sabharwal, C.J. Arun Kumar and B.N. Srikrishna, JJ.)

                                                 27.07.2005

                                                   ORDER

Y.K. Sabharwal, C.J.

1. On a writ petition filed by the Parents' Association of Medical Students, Maharashtra, in
terms of the impugned judgment, the High Court issued directions for the State Government
to make centralised admissions in f respect of management quota seats in the medical/dental
colleges. The said direction in regard to the centralised admissions by the State Government
has been stayed in terms of the order dated 13-5-2005 on the Association of Management of
Unaided Private Medical and Dental Colleges challenging the impugned judgment of the
High Court. Further, it has been directed that the admission in the current year would be on
the same basis as was g conducted in Academic Year 2004-2005.

2. This application has been filed by the Parents' Association of Medical Students for
modification of the order dated 13-5-2005 and for direction to the Association of the
Management to conduct a centralised admission process for the present Academic Year
2005-2006. From the Judgment and Order dated 5-5-2005 in WPL No. 1044 of 2005 of the
High Court of Bombay

T.K. Koya V. K. Devaraj 705

3. We have heard learned counsel. There can be no doubt that whatever procedure is
followed, the admissions must be only on the criteria of merit and merit alone. Without
further going into the details of submission and accusations made, one way or the other, for
the present Academic Year 2005- 2006, we modify the order dated 13-5-2005 and direct that
the centralised admissions in respect of management quota seats shall be conducted though
not by the State Government but by the Association of Management of Unaided Private
Medical and Dental Colleges on the basis of same selection process which is given in para 10

(2005) 13 SCC 704
of the brochure issued by the Government of Maharashtra for MHT-CET 2005 for admission
into government seats for the year 2005-2006.
4. Further, we direct that, in order to ensure that no seat goes waste, any seat remaining
unfilled out of the management quota till 27-9-2005 due to non-reporting of the students can
be filled up by the management though again on the basis of merit. This aspect will be given
due publicity so that students are made aware of the availability of seats. The order would be
applicable in regard to the filling up of management seats other than NRI quota seats.
5. The Association of Management should ensure that there is no clash of dates of
counselling with the dates fixed by the State Government.
6. The IA is disposed of accordingly.
SLPs (C) Nos. 11367 and 11845 of2005
7. Since the special leave petitions are directed against the interim directions of the High
Court, the said petitions stand disposed of in terms of the aforesaid order in IA No. 2.
Court Masters

(2005) 13 SCC 704