Association Of Private Medical And Dental Colleges Of Chhattisgarh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1563 of 2017 • Association of Private Medical And Dental Colleges Of Chhattisgarh Through Chairman, Nemi Chand Parekh, S/o Late S K Parekh, A/o 57 Years, Occupation Chairman, Chhattisgarh Dental College And Research Institute, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh Through : Secretary, Department of Health, Mahanadi Bhawan, Raipur, Naya Raipur, Chhattisgarh.

2. Directorate of Medical Education, Old Nursing Hostel Parisar, Near D. K. Hospital, Raipur, Chhattisgarh.

3. Dental Council of India, Awain Galib Marg, In Front Mata Sundari Girls College, New Delhi.

4. Ministry of Health And Family Welfare, Govt. Of India, ( Medical Education Policy ), Nirman Bhawan, Maulana Azad Road, New Delhi. ---- Respondents For Petitioner :

Shri Sourabh Dangi, Advocate For Respondent-State :

Shri Prafull N. Bharat, Addl. AG for the State HON'BLE The Vacation Judge Order On Board By RCS Samant, J 31/05/2017

1. With the consent of learned counsel for the parties the matter is heard finally at the motion stage itself.

2. This petition under Article 226 of the Constitution of India has been filed claiming following reliefs:- "I.

That this Hon'ble Court may kindly be pleased allow the respondent no.2 along with the petitioner association to

make wide publicity of the letter issued by the respondent no.4 dated 11.05.2017 granting relaxation in qualifying percentile (Annexure P/2) so that larger number of students can be attracted to come and participate in mop up counselling to fill the vacant seats of MDS course in private unaided dental colleges of state of Chhattisgarh.

II.

That this Hon'ble Court may kindly be pleased to direct the respondent authorities to extend the last date of admission by two weeks in MDS course for the seats laying vacant in the private unaided dental colleges of state of Chhattisgarh.

III.

Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances may also be granted in favour of the petitioner."

3. In Mridul Dhar (Minor) and Another Vs. Union of India and Others1, the Supreme Court in para 31 has fixed the time schedule for PG and superspeciality course. As per this time schedule the last date for admission of students against the vacancy arising in the medical colleges is fixed as 31st May of the current year. Today is 31st May of the current year. The time schedule has been fixed by the Apex Court for the reason of judicial propriety, this Court has no jurisdiction to entertain this petition to pass any order as per the reliefs claimed. Hence this petition is dismissed at the motion stage itself.

Sd/- Sd/- (RCS Samant) (Anil Kumar Shukla) V. Judge V. Judge Ashu 12005 (2) SCC 65