Delhi High Court
Rkdf Medical College Hospital And ... vs Union Of India & Ors on 12 October, 2015
Author: Rajiv Shakdher
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9663/2015
RKDF MEDICAL COLLEGE HOSPITAL AND
RESEARCH CENTRE & ANR ..... Petitioners
Through: Mr Amit Kumar & Mr S.C. Jha, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
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.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 12.10.2015
CM Nos. 23341/2015 (O. 1 R. 10 CPC & 23342/2015 (for directions)
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.
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
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