- (1.) The Madhya Pradesh Vyavsayik Pariksha Mandal Adhiniyam, 2007 [The Madhya Pradesh Professional Examination Board Act, 2007] (hereinafter referred to as 'the Act') came into force on 15th October 2007. Section 3 of the said Act contemplates establishment of a Board (a body corporate) by a notification of the State Government. Admittedly, as on today, the notification constituting the Board has not been issued, but a body constituted earlier under various executive orders of the State of Madhya Pradesh (hereinafter referred to as "the BOARD") continues to be in existence. It carries on various activities.
(2.) One of the objectives of the statutory Board specified under Section 10 is as follows: "(a) to conduct entrance examinations for admission to various professional and other educational institutions on the request of the State Government, other State Governments, Central Government, Universities and national or state level institutions."
(3.) It appears that admissions to various medical colleges either privately managed or managed by the government in the State of Madhya Pradesh are regulated by a common entrance examination [called as "Pre- Medical Entrance Test (PMT)]. Such an examination was conducted annually by the BOARD. The Act came to be passed with a view to create a statutory basis for the BOARD which, inter alia, is required to conduct entrance examinations for admissions into various educational institutions including medical colleges. Unfortunately, the notification contemplated under Section 3 never came to be issued but everybody in the administration of the State of Madhya Pradesh proceeded all these years on an assumption that the BOARD (a mythical beast) would somehow became the body contemplated under Section 3 of the Act. This aspect of the matter is one of the issues in the case; and, therefore, I shall deal with it later in this judgment.;