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SUPREME COURT OF INDIA
Y.K. SABHARWAL AND P.P. NAOLEKAR, JJ.)
DENTAL COUNCIL OF INDIA APPELLANT;
VERSUS
PRAVINA AND OTHERSRESPONDENTS.
CIVIL APPEALS NO. 2423 OF 2005 WITH NO. 2424 OF 2005 AND 2425 OF 2005, DECIDED ON APRIL 4, 2005
Admission to M.D.S. (Orthodontics) course- Creation of additional or supernumerary seat - The High Court, on appreciation of the peculiar facts of the case, observed that neither Dr. Pravina nor Dr. Deepa were at fault - High Court, directed creation of a supernumerary seat for accommodating Dr. Deepa in the course Not proper- Creation of seats is governed by statutory provisions- Therefore direction of the High Court, regarding creation of a supernumerary seat, set aside- In the Academic Year 2005-2006, Dr. Deepa to be accommodated in M.D.S. (Orthodontics) in Ragas Dental College out of Govt Quota [Paras 3 and 4]
ORDER
1. HEARD THE LEARNED COUNSEL FOR THE PARTIES.
2. LEAVE GRANTED.
3. THE DENTAL COUNCIL OF INDIA, SELECTION COMMITTEE AND THE AFFECTED CANDIDATE, DR. M. DEEPA, HAVE FILED THREE SEPARATE APPEALS CHALLENGING THE IMPUGNED JUDGMENT AND ORDER OF THE HIGH COURT. THE DISPUTE IS IN RESPECT OF ADMISSION TO MDS (ORTHODONTICS) COURSE. IT IS NOT IN DISPUTE THAT DR. DEEPA HAD HIGHER RANKING THAN THAT OF DR. PRAVINA. THE HIGH COURT, ON APPRECIATION OF THE PECULIAR FACTS OF THE CASE, CAME TO THE CONCLUSION THAT NEITHER DR; PRAVINA NOR DR. DEEPA WAS AT FAULT AND, IN THIS VIEW, DIRECTED CREATION OF A SUPERNUMERARY SEAT FOR ACCOMMODATING DR. DEEPA IN THE COURSE FOR THE ACADEMIC YEAR 2004-2005.
4. THIS COURT HAS REPEATEDLY HELD THAT THE COURT SHOULD REFRAIN FROM ISSUING DIRECTION FOR CREATION OF ADDITIONAL OR SUPERNUMERARY SEATS AS IT IS TO BE BORNE IN MIND THAT CREATION OF SEATS IS GOVERNED BY STATUTORY PROVISIONS. IN THIS VIEW, DIRECTION OF THE HIGH COURT, INSOFAR AS IT RELATES TO THE CREATION OF A SUPERNUMERARY SEAT, IS SET ASIDE.
5. THE QUESTION STILL REMAINS ABOUT ACCOMMODATING DR. DEEPA IN THE COURSE ABOVE-REFERRED. HAVING REGARD TO THE PECULIAR FACTS OF THE CASE, WE DIRECT THAT IN THE ACADEMIC YEAR 2005-2006, DR. DEEPA SHALL BE ACCOMMODATED IN MDS (ORTHODONTICS) IN RAGAS DENTAL COLLEGE. WE MAY NOTE THAT BY ORDER DATED 14-3-2005, IT WAS DIRECTED THAT ONE SEAT IN MDS (ORTHODONTICS) SHALL NOT BE FILLED FOR THE ACADEMIC YEAR 2005-2006. THE ADMISSION GRANTED TO DR. DEEPA IN THE AFORESAID COLLEGE WOULD BE OUT OF THE GOVERNMENT QUOTA. THE LEARNED COUNSEL APPEARING FOR THE COLLEGE HAS NO OBJECTION IN THIS REGARD. WE ARE ALSO OF THE VIEW THAT, HAVING REGARD TO THE PECULIAR FACTS OF THE CASE, IT IS THE ONLY PROPER COURSE IN ORDER TO DO SUBSTANTIAL JUSTICE BETWEEN THE PARTIES WITHOUT IT BEING TREATED AS A PRECEDENT.
6. IN VIEW OF THE AFORESAID, THE CIVIL APPEALS ARE ALLOWED AND THE DIRECTION GIVEN IN THE IMPUGNED JUDGMENT FOR CREATION OF A SUPERNUMERARY SEAT IS SET ASIDE BUT DR. DEEPA WOULD BE GRANTED ADMISSION IN THE ABOVE TERMS.
7. NO COSTS.
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