AKANKSHA PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has sought following reliefs in this petition :- "(1) To call for entire relevant record.

(2.) The facts of the case are that petitioner applied for M.B.B.S. Course in private medical college. The admission is governed by the provision of M.P. Private Medical and Dental Undergraduate Entrance Examination Rules, 2009 (hereinafter referred to as 'Rules of 2009' for short). These Rules are framed by the State exercising powers under section 12 of M.P. Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 (Act No. 21 of 2007) (hereinafter referred to as 'Adhiniyam 2007' for short). The petitioner has challenged the vires of section 8 of the said Adhiniyam and Rule 9 of the Rules of 2009 on following grounds :-

(3.) Shri Agnihotri, Learned Counsel for State though fairly conceded this fact that there is no explanation on the part of State in not providing reservation to the freedom fighter category in the Adhiniyam and Rules, but submitted that merely reservation was provided to the students of PEPT will not be a ground to declare section 8 and Rule 9 of the Adhiniyam and Rules are ultra vires. That the Adhiniyam and Rules are framed to regulate admission in private colleges providing such medical education and under the Act of 2007 the Rules have been framed. Apart from this, earlier petitioner filed a petition for the same relief, which was considered by the Division Bench of this Court and dismissed. It is submitted that the provisions of section 8 and Rule 9 are valid and need not be declared ultra vires.