Supreme Court of India

ORISSA PRIVATE MEDICAL & DENTAL COLLEGES ASSOCIATION, THROUGH ITS CHAIRMANversusCHAIRMAN, ORISSA JOINT ENTRANCE EXAMINATION- 2011 AND ORS.

Citation: 2011 INSC 791
Decided: 11 November 2011
Disposal: Disposed off
Bench: H L DATTU

Holding

The Supreme Court directed OJEE‑11 to conduct further counseling of the 624 qualified waiting‑list candidates to fill the eight vacant seats, subject to admission rules, and to furnish the list of admitted candidates.

Summary

The Orissa Private Medical & Dental Colleges Association appealed to the Supreme Court seeking a direction that the Chairman of the Orissa Joint Entrance Examination 2011 (OJEE‑11) conduct further counseling for 624 candidates on the waiting list to fill eight vacant seats in private medical colleges belonging to the association. The High Court had previously dismissed the petition, but the Supreme Court granted leave to appeal. The appellant argued that the waiting‑list candidates should be given an opportunity to fill the vacancies, and the respondent OJEE‑11 did not oppose the request. The Court, finding the request reasonable, ordered OJEE‑11 to carry out the additional counseling by 24‑Nov‑2011 and to submit the list of admitted candidates by 30‑Nov‑2011, subject to applicable admission rules. The appeal was consequently disposed of in favour of the appellant.

Issues considered

Whether the Chairman of OJEE‑11 should be directed to conduct further counseling of waiting‑list candidates to fill vacant seats in private medical colleges.

Subjects

admissioncounselingwaiting listprivate medical collegesentrance examinationSupreme Courtdirectionvacancy

Judgment

               [2011] 13 (ADDL.) S.C.R. 107

  ORJSSA PRIVATE MEDICAL & DENTAL COLLEGES                        A
      ASSOCIATION, THROUGH ITS CHAIRMAN
                               v.
CHAIRMAN, ORISSA JOINT ENTRANCE EXAMINATION-
                  2011 AND ORS.
          (Civil Appeal No. 9690 of 2011)                          B
                    NOVEMBER 11, 2011
[H.L. DATTU AND CHANDRAMAULI KR. PRASAD, JJ.]

    Education/Educational Institutions:                           c
       Medical and Dental Colleges - Orissa Joint Entrance
Examination-2011(0JEE-11) - Chairman, OJEE-11 directed
to conduct further counseling for the 624 OJEE-11 qualified
candidates in the waiting list to fill up the eight seats, that are D
still vacant in the Private Medical College/Colleges, which are
the members of the appellant Association on or before
24.11.2011, subject to the rules and regulations applicable
for admissions - The appellant shall also furnish the list of
candidates admitted to the appropriate authority on or before
30.11.2011.                                                         E

    CIVIL APPELLATE JURISDICTION : Civil Appeal No.
9690 of 2011.

    From the Judgment & Order dated 07.09.2011 of the High         F
Court of Judicature for Orissa at Cuttack in Writ Appeal No.
429 of 2011.
   L. Nageswara Rao, Amitabh Bagchi, S.K. Das (for Ajay
Choudhary) for the Appellant.
                                                                   G
     Milind Kumar for the Respondents.

     The Order of the Court was delivered by

                              107                                  H
            108 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R.


       A                                 ORDER
                H. L. DATTU, J. 1. Leave granted.
              2. The appellant - Orissa Private Medical and Dental
         Colleges Association in this appeal is impugning the Judgment
       B and Order passed by Orissa High Court in W.A. No. 429 of
         2011 dated 07.09.2011.

              3. Fcir the purpose of disposal of this appeal, we need not
         notice in detail the facts and issues raised in this appeal, since
       C the submission made by the learned counsel at the time of
         hearing lie in a narrow compass.

               4. Sri. L. Nageshwara Rao, learned senior counsel,
         submits that in view of the Reply Affidavit filed by Chairman,
         Orissa Joint Entrance Examination - 2011 (for short, "OJEE-
       D 11 ") - Respondent No. 1, a direction may be issued to them
         to conduct further counseling from among 624 OJEE-11
         qualified candidates, who are in the waiting list to fill up eight
         vacant seats in the Private Medical Colleges, which are
         members of the appellant Association.
       E
               5. The learned counsel for the respondent OJEE-11 does
         not object to the reasonable request made by the learned senior
         counsel for the appellant.

               6. In the result, we order that Respondent No. 1 will conduct
        F further counseling for the 624 OJEE-11 qualified candidates in
          the waiting list to fill up the eight seats, that are still vacant in
          the Private Medical College/Colleges, which are the members
          of the appellant Association on or before 24.11.2011, subject
          to the rules and regulations applicable for admissions. The
      . G appellant shall also furnish the list of candidates admitted to the
      • appropriate authority on or before 30.11.2011 .
·t"             7. The appeal is disposed of accordingly.
1

       H D.G.                                          Appeal disposed of.

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