ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ in the nature of Mandamus directing the R1 University to issue Hall Tickets and permit the petitioners to take up 1st year BDS (RS3) examination of December 2022 as per the timetable issued by the respondent university at Annexure-H; and to approve the admission of the petitioner to the BDS course admitted by the respondent institution for the academic year 2021-

22; and b. Issue such other relief’s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

2. The petitioner having appeared in National Eligibility-

cum-Entrance Test (UG-2021), declared as eligible for BDS seat, approached the respondent No.3- college for admission, respondent No.3-college accepted her tuition fees, admission fees, etc. and admitted her to the college, as also issued necessary admission and ID cards. When the time came for the petitioner to take up her Ist year BDS examination formulated by the University, she was refused hall ticket on the ground that her admission has not been cleared by the University and in that background, the petitioner approached this Court. This Court vide interim order dated 08.12.2022 permitted the petitioner to take up the examinations for the year 2022-23. Now, once again, the petitioner is before this Court seeking permission to take up the examinations for the year 2024.

3. Learned counsel for the petitioner submits that the petitioner is a innocent student who has been admitted to respondent No. 3 college. Respondent No.3- college, having received all the amounts from the petitioner, the petitioner rightly expected respondent No.3-college to comply with all the requirements of law and send her name to the respondent-University for approval and it is on that basis that the petitioner continued to attend classes expecting to take up examinations, complete the course in the given time and as such, he submits that the action on part of the petitioner cannot be found fault with and petitioner is required to be permitted to take up examinations.

4. Learned counsel for respondent-University would submit that 69 names had been forwarded by the college to the University, out of which University has cleared 69 names. In the said 69 names, name of the petitioner is not found and as such the University has not cleared or approved the name of the petitioner for such admission.

5. Learned counsel for respondent No.4- Dental Council of India submits that when the college wrote to the University seeking for permission for the aforesaid student who are petitioners herein to take up their examination, the Dental Council of India vide its letter dated 8/12/2022 called upon the college to attend personal hearing before the executive committee on 14/12/2022 along with all admission documents in respect of such students including the petitioners herein failing which the college authorities would be required to discharge such students and Section 10B of the Dentists (Amendment) Act, 1993 and Section 16A of the Dentist Act, 1948 would be attracted.

6. On that basis, learned counsel for respondent No.4 submits that the petitioners not having attended the personal hearing and no documents having been furnished, student has not been permitted to appear for the examination.

7. As mentioned, learned counsel for the petitioner submits that the college had issued letter stating that writ petition had been filed before this Court and as such, the Dental Council of India did not take any action.

8. Heard Sri.Abhishek Malipatil, learned counsel for the petitioner, Sri.Sachin.B.S, learned counsel for respondents No.1 and 2 and Sri.G.S.Bhat, learned counsel for respondent No.4. Perused papers.

9. Taking up the last issue first as regards filing the writ petition, the college having written to the Dental council, a perusal thereof would indicate that college has written to the dental council about the student