H.G. RAMESH, J.

Is it permissible for a Dental College in Karnataka to hold a separate entrance test only for the purpose of filling the unfilled seats in the I year BDS course and, whether holding of such a test would be contrary to the directions of the Supreme Court in Priya Gupta vs. State of Chhattisgarh [(2012)7 SCC 433]? This is the question that requires determination in these writ petitions.

2. Admission of petitioner Nos.2, 3 & 4 to I year BDS Course in petitioner No.1College is not approved by the University as per its Communication dt.19th February 2015 (Annexure-A) which is impugned in these writ petitions. These writ petitions were filed yesterday i.e. 9th July 2015. Similar action of the University has been upheld by this Court in K.V.G. Dental College & Hospital in W.P. Nos.27342-27345/2015 (D.D. 02.07.2015). In the said petitions, this Court has held that a student must obtain a rank in competitive entrance examination conducted by the competent authority in the State or by the body of the private colleges as per the direction of the Supreme Court at para 46.5 in Priya Gupta [(2012)7 SCC 433] and as per Regulation II of the Dental Council of India Revised BDS Course Regulations 2007, to apply for admission to BDS course in any Dental college in Karnataka. Further, this Court has held that the Consensual Agreement dtd. 22.03.2014 at Annexure-B entered into between Government of Karnataka and Private Medical & Dental Colleges in Karnataka for the academic year 201415 cannot override the directions issued by the Supreme Court in Priya Gupta’s case or the criteria laid down in the Regulations for selection of students to the BDS course.

3. However, Sri Madhusudan R. Naik, learned Senior Counsel appearing for the petitioners by referring to the letter of the petitioner-College dtd.28.02.2015 (Annexure-H), which was written after receipt of the impugned communication dtd.19.02.2015 (Annexure-A), submitted that the petitioner-College conducted a separate entrance test through the ‘Test Director, Bapuji Educational Association’s Dental Colleges Entrance Test 2014, Davanagere’ to fill the unfilled seats relating to the academic year 2014--2015, and rankings obtained by petitioner Nos.2, 3 & 4 in the said test was submitted to the University, and therefore, it should be held as complying with the direction of the Supreme Court in Priya Gupta to fill the unfilled seats on the basis of merit obtained in ‘the Competitive Entrance Test’.

4. To examine the correctness of the aforesaid submission of the learned Senior Counsel, it is necessary to extract the following directions given by the Supreme Court in Priya Gupta which are directed to be applicable from the academic year 2012-2013 (vide para 78.7):

“46. Keeping in view the contemptuous conduct of the relevant stakeholders, their cannonade on the rule of merit compels us to state, with precision and esemplastically, the action that is necessary to ameliorate the process of selection. Thus, we issue the following directions in rem for their strict compliance, without demur and default, by all concerned:

46.5. The admission to the medical or dental colleges shall be granted only through the respective entrance tests conducted by the competitive authority in the State or the body of the private colleges. These two are the methods of selection and grant of admission to these courses. However, where there is a single Board conducting the State examination and there is a single medical college, then in terms of Clause 5.1 of the Medical Council of India Eligibility Certificate Regulations, 2002 the admission can be given on the basis of 10+2 exam marks, strictly in order of merit.

46.7. If any seats remain vacant or are surrendered from all-India quota, they should positively be allotted and admission granted strictly as per the merit by 15th September of the relevant year and not by holding an extended counseling. The remaining time will be limited to the filling up of the va