In this writ petition filed in the year 2002, the petitioner Association of Management of Medical and Dental Colleges had challenged GR dated 11th April 2002 (Exhibit-F) which deleted the word "Dental" from the GR dated 28th March 2002 (Exhibit-E) in the matter of fixation of ratio of 50:50 to be filled up by the competent authorities and by the managements of unaided institutions. The grievance essentially was against not permitting the managements of private unaided dental colleges to fill up 50% of the seats.

In view of the subsequent developments and the subsequent decisions of the Apex Court, it is not necessary to decide the controversy at this stage, more particularly because by interim order dated 8th August 2002 this Court had granted stay of the operation of the impugned GR dated 11th April 2002 in respect of Medical and Dental

WP.2085.2002

mst

Colleges situate in the State of Maharashtra.

The learned counsel for the petitioner has sought to rely on the decision of the Apex Court in the case of P.A.Inamdar Vs. State of Maharashtra [2005]6-SCC-537 and more particularly the principles laid down in paragraphs 127 to 130 of the said decision.

In response to a query from the Court as to the procedure prescribed for admissions to the Dental College for the academic year 2010-11, the learned counsel for the petitioner states that the same procedure is prescribed for admission to the private unaided dental colleges which is prescribed for the private unaided medical colleges.

In view of the above, it is clear that the alleged discrimination does not survive. The petition has, therefore, become infructuous and the same is accordingly disposed of as infructuous. Subject to above, Rule is discharged.

CHIEF JUSTICE

S.J.KATHAWALLA J.

Association of Management of Medical and Dental Colleges v. the State of Maharashtra

Case brief