- (1.) In TMA Pai Foundation v. State of Karnataka, 2002 (8) SCC 481, this Court indicated the manner in which admissions to professional and non-professional colleges could be regulated depending upon whether they are aided or non-aided institutions or whether they are the minority or non-minority institutions and several guidelines were set out therein, Medical Council for India sent a letter on 11th February, 2003 drawing attention of the Educational Institutions, Medical Colleges and Universities as well as Government of India to the decision in Civil Appeal No. 5166 of 2001 MCI v. Madhu Singh and others as to the necessity of commencement of the academic session on 1st August of each year and admissions should be completed by 30th September of the concerned year and no admission shall be made by the admitting agency beyond 30th September of the concerned year. The Government of Gujarat formed a Joint Admission Committee on 3rd May, 2003. The Government of Gujarat permitted the management of respective colleges to fill up 80% of the seats as indicated in clause (3) in respect of self-finance institutes by stating that in private self-finance medical, dental or physicotherapy institutes 80% of sanctioned seats will be filled up by the Central Admission Committee, as per merit-cum-preference basis on the basis of consensus arrived among the self-finance institutes. The management of self-finance institutes will admit the students on the remaining seats on transparent basis, on merit, as per the scheme to be declared in advance in line with the judgment of this Court as per the consensus of self-finance institutes. It is stated that the managements admitted certain students on the basis of this resolution. There is, however, dispute as to whether they fulfill the condition of merit as per the scheme but we need not examine that aspect at this stage of the proceedings, if such students otherwise fulfil the requirements of Medical Council in case of Medical Colleges and similar body in case of other colleges. Thereafter the Government passed a resolution prescribing fee structure on 28-5-2003. Several petitions were filed before this Court challenging the action of the Government and this Court by a decision in Islamic Academy of Education and another v. State of Karnataka and others, 2003 (6) SCC 697, apart from giving certain directions in relation to the fee structure also indicated the manner in which the students can be admitted in the colleges. It emphasises that the admission even in the quota of management should be strictly on the basis of merit. However, in the State of Gujarat no separate entrance test is conducted by the Government or by the Association of self-financed colleges. The merit considered by the State Government on the marks at the examination of 12th standard for the year 2003-200[4] Therefore, the self-financed institutes also adopted this procedure.
(2.) The order of the Government fixing the mode in which fee structure has to be regulated or admissions are to be made was called in question before the Court. A learned single Judge made an interim order apart from giving directions regarding the fee structure gave further directions in regard to the admissions of the students.
(3.) The matter was carried in appeal on the letters patent side and a civil application was filed and the Division Bench by an interim order stayed the orders of the Government dated 6th May, 2003 and 1st July, 2003 subject to certain conditions. So far as the admission is concerned, the interim directions given by the learned single Judge stood affirmed subject to the following two conditions: "(a) The concerned institute/college shall forward the applications for admission received by it directly from the students on management quota to the Joint Admission Commission for Professional Courses by tomorrow. (b) The applications which may be forwarded by the management Committee, as indicated above, shall be considered by the Joint Admission Committee for Professional Course for admissions on the available seats";