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W.P.(C) 9663/2015
RKDF MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE & ANR ..... Petitioners
Through: Mr Amit Kumar & Mr S.C. Jha, Advs.
Through: Mr Dev P. Bhardwaj, CGSC with Mr Vidur Mohan, Adv. for R-1.
Mr T. Singhdev, Ms Biakthansangi & Mr Sanjay Kumar, Advs. for R-2/MCI.
CM Nos. 23341/2015 (O. 1 R. 10 CPC & 23342/2015 (for directions)
JUDGMENT
1. The captioned applications were mentioned by the counsel for the petitioners today, at 10:30 a.m. Consequent thereto, these applications were directed to be listed and, resultantly have been taken up for hearing in the post-lunch session. The petitioners were asked to serve the standing counsel for the Government of Madhya Pradesh. I am informed that Mr Arjun Garg, Advocate, who is the standing counsel for the Government of Madhya Pradesh, has been served. Notice of motion shows that the applications have been received on behalf of Mr Arjun Garg, Advocate. 1.[1] Accordingly, counsel for the petitioners will file an affidavit of service with the court, before close of court hours. W.P.(C) 9663/2015 2015:DHC:8565 1.[2] To be noted, there is however, no representation on behalf of Mr Arjun Garg.
2. The first application, being: CM No. 23341/2015, seeks impleadment of Government of Madhya Pradesh, via Directorate of Medical Education, as respondent no.4. Having regard to the averments made in the application, the same is allowed. Government of Madhya Pradesh, which is sued via the Directorate of Medical Education, is arrayed as respondent no.4 to the present petition. The application is, accordingly, disposed of.
3. In the second application, being: CM No. 23342/2015, wherein interim directions are sought qua newly impleaded respondent (i.e. Government of Madhya Pradesh), it is averred that out of 150 seats available, 63 seats fall in government quota and that, they are likely to remain vacant if, the direction issued by this court vide order dated 09.10.2015, is not extended to the said respondent, as well. My attention has been drawn to the letter dated 10.10.2015, evidently, issued by the Directorate of Medical Education, Madhya Pradesh, which is, indicative of the fact that the stand taken by the said authority is that no direction was issued to it in the order dated 09.10.2015.
4. Unfortunately, this fact was not brought to the notice of the court on the date when the order dated 09.10.2015 was passed. However, having regard to the overall circumstances, it is directed that the order dated 09.10.2015 will also extend to the Government of Madhya Pradesh, which is, sued via Directorate of Medical Education, qua 63 seats falling in the government quota. In so far as these seats are concerned, same regime will apply which is applicable to other seats. The petitioners will strictly adhere to the conditions indicated in the order dated 09.10.2015 qua aforementioned 63 seats, as well.
5. The said application is, accordingly, disposed of.
6. Dasti under the signatures of the Court Master.
RAJIV SHAKDHER, J OCTOBER 12, 2015 kk