SUPREME COURT OF INDIA

Before:- Y.K. Sabharwal and G.P. Mathur, JJ.

IA No. 4 in Writ Petition (C) No. 378 of 2004, IAs Nos. 5, 2 in WP(C) No. 378 of 2004 and IA No. 23 in SLP (C) No. 11244 of 2004. D/d. 15.7.2005.

Karnataka (P) Medical Colleges Assn. and others - Petitioners

Versus

State of Karnataka and others - Respondents

Constitution of India, 1950, Article 19(1)(g), 30(1) - Unaided professional institute - Joint memo between Private Medical and Dental College Association and State Govt regarding ratio of seat sharing fees structure in college - Availing seven Judge decision on issue, College association and State permitted to regulate admission for 2005-06 session on the basis of joint memo - Objections of non-Karnataka students and 2004-05 batch students not considered to be relevant - Adjustment of seats in case necessary to be given for 2005-06 sessions - Now directed to be given for 2006-07 session.

[Para ]

ORDER

IAs Nos. 4, 6 and 8 in WP (C) No. 378 of 2004

Y.K. Sabharwal, J. - IA No. 4 has been filed by the Karnataka Private Medical Colleges Association placing on record a joint memo entered into between the Karnataka Private Medical and Dental Colleges Association and the Government of Karnataka pertaining to admissions in medical and dental courses setting out therein the ratio of seat sharing and fees to be charged substantially on the same basis as was in the previous academic year. This joint memo pertains to the present Academic Year i.e. 2005-2006. IAs Nos. 6 and 8 have been filed by the students who were admitted in these courses in Academic Year 2004-2005. We are told that two of the applicants in IA No. 6 are non-Karnataka students seeking admission in medical course for the present academic year.

2. Having regard to the fact that many of the issues in relation to fee and seat sharing are pending decision of this Court before a seven-Judge Constitution Bench, we deem it appropriate to permit the applicants and the State Government to regulate admissions in the medical and dental courses on the basis of the joint memo in Academic Year 2005-2006. The objections of those students who joined these courses in Academic Year 2004-2005 have no relevance for the directions to be issued for the present year, so also the objections of non-Karnataka students. Be that as it may, while permitting admissions to be regulated by the joint memo, we clarify that it would have no effect on the pending matters i.e. SLPs (C) Nos. 20377-85 of 2004 and other connected matters, where the judgment of the Karnataka High Court is under challenge.

3. The interlocutory applications are disposed of accordingly.

IA No. 5 in WP (C) No. 378 of 2004

4. Having heard the learned counsel, we direct that in case adjustment of seats is required to be given in terms of order dated 27-9-2004 in IAs Nos. 2 and 3 in WP (C) No. 378 of 2004, it would be given in the next Academic Year i.e. 2006-2007. In terms of the order dated 27-9-2004, it was required to be given in case it became necessary during the present academic year.

5. The IA is disposed of accordingly.

IA No. 23 in SLP (C) No. 11244 of 2004

6. Learned counsel for the applicant points out that a wrong joint memo has been filed, that is, instead of the joint memo entered into between minority colleges and the State Government, the joint memo entered into between the non-minority colleges and the State Government has been filed. We permit the learned counsel to place the correct memo on record. Learned counsel for the State of Karnataka has no objection to it.

7. The interlocutory application is disposed of in terms of the orders passed in IA No. 4 of 2005 in WP (C) No. 378 of 2004.