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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Madhu Saini & Ors. – Appellants
Versus
Rajasthan University Of Health Sciences & Ors. – Respondents
S.B. Civil Writ Petition No. 6207/2020 Connected With S.B. Civil Writ Petition No. 6233/2021
Decided On : 03-08-2022
| Table of Content |
|---|
| 1. common issues in both writ petitions. (Para 1 , 2 , 3) |
| 2. background facts related to student admissions. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. interim court orders regarding examinations. (Para 12 , 13) |
| 4. defendant's objections to writ petitions. (Para 14 , 15 , 16 , 17 , 18) |
| 5. specific defenses and claims made by respondents. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. response from the respondent college. (Para 27 , 28 , 29) |
| 7. response from the dental council of india. (Para 30 , 31 , 32 , 33) |
| 8. university's response regarding admissions. (Para 34 , 35 , 36 , 37) |
| 9. details on neet eligibility consideration. (Para 38 , 39 , 40 , 41) |
| 10. court's recognition of undisputed facts in the case. (Para 70 , 71) |
| 11. main issues of eligibility and legality of admission. (Para 72 , 73) |
| 12. conclusion with directions from the judgement. (Para 135) |
JUDGMENT
1. As the issues involved in both the present two writ petitions are common, therefore, these writ petitions are decided by this common judgment.
2. S.B.Civil Writ Petition No.6207/2020 has been filed by the petitioners, who are students of Master in Dental Surgery (in short "MDS"), seeking direction against the respondent-Rajasthan University of Health Sciences (in short "the respondent- University") to permit the petitioners to fill online examination forms and to undertake & participate in MDS Final Year (Main) Examination to be held in June, 2020.
3. S.B.Civil Writ Petition No.6233/2021 has been filed by the same petitioners seeking declaration of prospective application of the notifications dated 01.09.2017 & 05.11.2017. The petitioners have also prayed that their admission has been made in a valid manner in MDS course in the year 2017 without requirement of being taken through NEET PG. The petitioners have further prayed to quash and set aside the impugned orders/letters dated 12.09.2018 & 08.02.2019 with the declaration that the petitioners were validly admitted by Daswani Dental College, Kota (in short "the respondent-College") and the petitioners are not liable to be discharged from the MDS course.
S.B.Civil Writ Petition No.6207/2020:
4. The facts, in nutshell, as pleaded by the petitioners in the writ petition are that the petitioners were admitted in MDS Course by the respondent-college in May, 2017 and the petitioners completed the said course in the respondent-College in the year 2020. The examination of MDS course has to take place after completion of the course and the same was required to be conducted by the respondent-University in the year 2020, after completion of three years from the date of admission.
5. The petitioners have pleaded that they were required to submit their dissertation in the branch/specialty in the MDS course and as such all the petitioners submitted their dissertation before the respondent-University in the month of January, 2020. The dissertation, so prepared by the petitioners, was sent by the respondent-College to the respondent-University. The respondent- University issued a notice dated 05.06.2020 for conducting MDS Final Year (Main) Examination to be held in the month of June, 2020 for MDS Batch of 2017 and applications were to be submitted online from 09.06.2020 to 15.06.2020 and the examination was to start from 25.06.2020.
6. The petitioners have further pleaded that in the batch of MDS for the year 2017, which had a strength of 20 students, only four students were given enrollment numbers and the petitioners, who were 16 in number, were not provided with enrollment numbers and as such, in absence of enrollment number, the petitioners could not fill in their online application forms.
7. The petitioners have pleaded that when they enquired as why enrolment numbers were not issued to them, they were verbally informed by the authorities of respondent-University that since they had not been admitted in MDS course through counseling held in the year 2017, they were not issued enrolment numbers.
8. The petitioners have further plea
Admissions in educational institutions must strictly adhere to centralized counselling processes as mandated by precedents to maintain fairness and transparency in selections.
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
Admissions to medical colleges must be based on merit and conducted through authorized counseling, and any admission contrary to the mandatory provisions cannot be approved.
Admissions to BDS courses granted under relaxed percentile criteria by the State were illegal, emphasizing that only the Central Government holds the authority to set qualifying standards for NEET.
The main legal point established in the judgment is that the admission of students to the MBBS course must adhere to the proper procedure for filling vacant seats as per the judgment of the Apex Cour....
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