IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, YOGENDRA KUMAR PUROHIT, JJ.
Harsh Raj Verma, S/o. Raj Kumar Verma & Ors. - Appellants
Versus
State of Rajasthan, Through Principal Secretary, Medical Education Department Group-1, Government of Rajasthan & Ors. - Respondents
D.B. Spl. Appl. Writ Nos. 911, 957, 958, 959, 963, 964, 1155, 1184, 1272, 1273, 1286, 1287, 1288, 1289, 1308, 1310, 1311, 1316, 1317, 1340, 1349, 1749 of 2018, 387 of 2023
Decided On : 04-05-2023
Learned Senior Counsel assisted by Mr. Abhishek Pareek; Mr. Vikas Balia, learned Senior Counsel assisted by Mr. Sachin Saraswat; and other learned counsel, appearing on behalf of the appellants, are that an advertisement was issued by the Federation of Private Medical and Dental Colleges - Court, for undertaking such admission exercise as per National Eligibility-cum-Entrance Test - Held, respondent-College was well aware of the fact that admissions cannot be granted to the appellants contrary to the regulations, even then, the College permitted the appellants to continue their studies in-spite of the directions by the Dental Medical Council to discharge the appellants. Such an intentional and deliberate violation of the Regulations by the respondent-College while granting admissions to the appellants in the academic - Appeals are dismissed
JUDGMENT :
1. All the instant special appeals arise out of a common judgment dated 20.04.2018 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.13776/2017 & other connected petitions, therefore, the appeals have been heard together and are being decided by this common judgment.
1.1. For the sake of brevity and convenience, the facts, as pleaded in one of the petitions being S.B. Civil Writ Petition No.13564/2017, before the learned Single Judge, are being taken for the present analogous adjudication.
1.2. Since in the above-numbered DBSAW No.911/2018, which has been preferred against the common impugned judgment, so far it operates, in the aforementioned S.B. Civil Writ Petition No.13564/2017, the Dental Council of India (DCI) has been arrayed as a party respondent, therefore, though the ‘DCI’ also has preferred some of the above-numbered special appeals, the ‘DCI’ shall be referred to as ‘respondent-DCI’, in the present judgment.
1.3. These appeals have been preferred claiming, in sum and substance, the following reliefs:
“It is, therefore, humble and most respectfully prayed that your lordship may very graciously be pleased to admit and allow this Special Appeal (Writ) and :
(i) Quash and set aside the impugned order dated 20.04.2018 passed by the Hon’ble Single Bench of this Hon’ble Court in S.B. Civil Writ Petition No.13564/2017 titled as Abhishek Jain and others Vs. State of Rajasthan and others.
(ii) The writ petition may kindly be allowed with all its prayer and the appellants/petitioners may be permitted to continue with the BDS Course from their initial date of admission after declaration of result of the completed years.
(iii) Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the appellant.
(iv) cost of the special appeal may be awarded to the appellants.”
SAW No.1287/2018 (preferred by DCI):
“It is, therefore, respectfully prayed that this special appeal may kindly be allowed by calling the record and examining the same. Further, the impugned order passed by learned Single Judge dated 20.04.2018 in so far as allowing the writ petition in favour of writ-petitioners whereby admissions of the students have been regularized who were granted admission by applying relaxation to the extent of 10% and additional 5% may kindly be set aside and the writ petition filed by the respondents/writ-petitioners may kindly be dismissed.
Any other order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of appellant.”
SAW No.957/2018 (preferred by College):
“It is, therefore, humbly prayed that this appeal of the appellants may kindly be allowed by allowing the prayers prayed in the original writ petition:-
“(a) By an appropriate order or direction, the writ petition preferred by the appellant may be allowed in toto.
(b) By an appropriate order or direction, the Judgment/Order dated 20.04.2018 passed by learned Single Bench to the extent of discharging students who have been admitted in BDS Course by granting relaxation beyond 10% and additional 5% may kindly be quashed and set aside.
(c) By an appropriate order or direction, the admissions granted by the appellant institution to the students in BDS Course for academic session 2016-17 may be ordered to be regularized with all consequential benefits.
(d) That the cost of litigation may also be awarded to the appellant.
(e) Any other appropriate order, direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the appellant.”
2. Brief facts of the case, as placed before this Court by Mr. R.N. Mathur, learned Senior Counsel assisted by Mr. Abhishek Pareek; Mr. Vikas Balia, learned Senior Counsel assisted by Mr. Sachin Saraswat; and other learned counsel, appearing on behalf of the appellants, are t
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