T.S. Thakur, J. - (1.) Leave granted.
(2.) These appeals are directed against an order dated 30th July, 2010 passed by the High Court of Madhya Pradesh in Writ Petitions Nos. 6876 and 8979 of 2009 whereby a total of 15 seats in the 1st year MBBS course have been directed to be reduced from out of the management quota of the appellant-college for the academic session 2010-2011, with a direction to the Admission and Fee Regulator Committee to ensure that the order passed by the Court is carried out in letter and spirit. The facts giving rise to the filing of the writ petitions may be summarized as under:
(3.) For the academic session 2006-2007 the appellant-M/s R.D. Gardi Medical College, Ujjain, admitted to the first year of MBBS course as many as 19 students who had not secured 50% marks in the examination conducted by the Association of Private Medical and Dental College of M.P. The legality of the said admissions came up for scrutiny before the High Court who declared the same to be illegal hence liable to be cancelled. Aggrieved by the said order the affected students approached this Court in Civil Appeal Nos. 5518-5521 of 2008 which were disposed of by this Court by an order dated 4th September, 2008 holding that the college was not justified in giving admission to students who were not eligible in terms of the relevant rules. This Court, however, permitted the students to continue their studies but directed that an equal number of seats shall be reduced from the management quota of the college for the academic session 2009-2010. This Court said: The management of the R.D. Gardi Medical college was not justified in giving admission to these students. Certainly, they must be aware of the fact that the candidates should have secured at least 50% marks in the entrance examination but the learned senior counsel appearing for the college says that they were not aware of the marks secured by these candidates as the entrance examination was held by a different association as the marks were not furnished to them by the association. However, as the admission is found to be irregular, equal number of students shall be reduced from the management quota for the year 2009-10. The appeals are disposed of accordingly. No costs. (emphasis supplied) ;