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2025 Supreme(Online)(J&K) 1842

JAMMU & KASHMIR AND LADAKH HIGH COURT
Arun Palli, C. J., *Rajnesh Oswal, J.
Sakhavat Ali v. UT of J and K
W. P. (C) No. 2031 of 2024



1. The provisional admission was granted to the petitioner in MDS Course, 2024 at Government Dental College and Hospital, Srinagar. As the petitioner could not submit the BDS Degree and Migration Certificate, the provisional admission granted to the petitioner was cancelled vide order bearing No. 090 - JKBOPEE of 2024 dated 31st of August, 2024, by respondent No. 3.

2. The petitioner being aggrieved of the order dated 31st of August, 2024, (for short the "impugned order"), has filed this writ petition for grant of following reliefs: "(i) Writ, order or direction in the nature of certiorari, seeking quashment of impugned notification No. 090 - JKBPOEE of 2024 dated 31.08.2024, by virtue of which the admission of the petitioner for BDS in Government Dental College and Hospital, Srinagar has been cancelled.
(ii) Writ of mandamus commanding upon the respondents to allow the petitioner to continue with MDS course in Government Dental College and Hospital, Srinagar notwithstanding the order of cancellation of admission.
(iii) Writ of mandamus commanding upon the respondent No. 5 to unblock the enrolment No. 2017/13132 of the petitioner so that petitioner can apply for migration certificate through OnLine mode and the same be issued in favour of the petitioner without any further delay.
(iv) Writ of mandamus commanding the respondent No. 5, to issue degree certificate in favour of the petitioner for the course of BDS qualified by the petitioner through the said University."

3. It is stated that petitioner has completed his BDS Course from Rajasthan University of Health Sciences, Jaipur and as the petitioner besides some other candidates was granted admission by the Dental College after the cutoff date, prescribed by the Hon'ble Supreme Court of India, the Dental Council of India declined to register the petitioner as well as other similarly situated candidates and upload their names on its official website.

4. The petitioner along with others filed a writ petition bearing No. 174/2023 before Jodhpur Bench of the High Court of Rajasthan, wherein by virtue of interim order dated 22.03.2023, the High Court of Rajasthan, directed the Dental Council of India to upload the names of the petitioners on its website, subject to outcome of the writ petition. It was also provided that no equity would be claimed for, at the time of final disposal of the writ petition. It is further averred that the petitioner produced the provisional certificate with Jammu and Kashmir Board of Professional Entrance Examination (for short 'the J and K BOPEE') to demonstrate the completion of the degree by the petitioner, but the J and K BOPEE has cancelled the admission of the petitioner on account of his failure to produce the BDS Degree and the Migration Certificate, whereas the fact remains that Migration Certificate is to be issued by the Rajasthan University of Health Sciences and the respondents, at the most, could have verified the provisional certificate issued in his favour, from the concerned University, because the issuance of degree would consume some time due to pendency of the writ petition before the High Court of Rajasthan. Accordingly, it is contended by the petitioner that the action of the respondents in cancelling the admission of the petitioner is arbitrary, illegal and not sustainable in the eyes of law.

5. The respondent Nos. 1 to 3 have responded to the writ petition by stating that vide notification No. 045 - BOPEE of 2024 dated 11.07.2024, the provisional Merit List was published and there was a stipulation contained in the notification (ibid) that some candidates have registered themselves, but their registration forms are deficient for want of one or more document(s) including Domicile Certificate, Registration Certificate of J and K State Dental Council / DCI, Internship Completion Certificate etc. The registration forms of such candidates have been provisionally approved and they shall be allowed to participate in the Online / Offline C












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