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2009 Supreme(Bom) 607

B.P.DHARMADHIKARI, U.D.SALVI
Gaurav Uday Nagarsekar – Appellant
Versus
State of Goa – Respondent


Advocates:
Advocate Appeared
Mr. Mahesh Sonak, Advocate with Mr. N. Vaze. Advocate, for the petitioner
Mr. S.S. Kantak, Advocate General with Ms. S. Mordekar, Addl. Government Advocate for respondent Nos. 1 and 2
Mr. C.A. Ferreira, Asst. Solicitor General for respondent No.3
Mr. Nitin Sardessai. Advocate with Mr. Deep Shirodkar, Advocate for the respondent Nos. 4 to 7
respondent No.8-Absent.

JUDGMENT

B.P. Dharmadhikari, J.- By this petition, the petitioner-student is seeking relief of admission to MDS Course for the Academic Year 2009-2010 on the basis of the Revised MDS Course Regulations 2007, by either ignoring or striking down the requirement of possessing 60% marks in subject of speciality, imposed by respondent No.1-State Government. The petitioner is seeking admission to respondent No. 2-Goa Dental College and Hospital, which is run by the respondent No.1-State Government.

2. The contention very briefly is that as the eligibility norms are already fixed by the Dental Council of India, the norm of possessing 60% marks in subject of speciality are repugnant or destructive of those norms and hence cannot operate. In view of the grievance later on. Dental Council of India has been added as respondent No. 3 and as in the meanwhile the process of admission was over, the five students who have secured admission against six seats for Post Graduate Course have also been added as respondent Nos. 4 to 8.

3. We have heard Advocate Shri Sonak for the petitioner, learned Advocate General with Government Counsel for respondent Nos. 1 and 2. Asst. Solicitor General Mr. Ferreira.




















































































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