Back
2022 Supreme(Online)(Raj) 25
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6207/2020
11. Madhu Saini D/o B.S. Saini, aged 33 years, R/o 6-G10 Mahaveer Nagar Extension, Kota.
22. Kavad Ishwar S/o Jashu Bhai, aged 27 Years, R/o A-25 Ganesh Nagar Society Amroli, Surat, Gujarat.
33. Vinod Kumar Pal S/o Raj Narayan Pal, aged 31 years, R/o M-19 Plot No. 304, Global City, Palghar, Maharashtra.
44. Richa Tripathi D/o Rejeshwar Tripathi, aged 41 years, R/o 365, Civil Lines, Narayan Nagar, Etah, UP.
55. Taak Amrit Kaur S/o Manjit Singh Taak, aged 27 years, R/o 4, Mahesh Naresh Cooperative Society, Ghodasar, Ahemedabad, Gujarat.
66. Rahul Vaid S/o Surinder Kumar Vaid, aged 41 years, R/o B-61A, Defence Colony, Meerut, UP.
77. Umang Kanwar D/o Kuldeep Singh, aged 37 years, R/o
72, Sector No. 1, Trikola Nagar, J and K.
88. Chowdhary Humatalat D/o Munir Azhar, aged 28 years, R/o Near Old Tidke, Nagpur.
99. Rahul Mehta S/o Amrik Singh Mehta, aged 22 years, R/o Duplex Banglow, Bhopal M.P.
1010. Raj Kamal Grewal S/o Randhir Singh Grewal, aged 32 years, R/o 260/11, Shastri Nagar, Ambala City, Haryana.
1111. G. Dessai Sidhee Ramesh D/o Ramesh Gauns Dessai, aged about 34 years, R/o Flat-Fo/1, A Building, Kurtakar Excellency, Gogal Margo, Goa.
1212. Rajat Kumar S/o Chandra Bhan, aged 41 years, R/o
1/101 Ashok Vihar, Phase-I, Delhi.
1313. Kunal Vuthoo S/o R.K. Vuthoo, R/o 675/A, Sector-3, Bhagwati Nagar, Canal Road, Jammu J and K.
1414. Chauhan Bhumit Kumar S/o Iswar Lal, aged 28 years, R/o Jalaram Society, Taluka Gandevi, Navsari, Gujarat.
1515. Vishal Vuthoo S/o R.K. Vuthoo, aged 37 years, R/o
675/A, Sector-3, Bhagwati Nagar, Canal Road, Jammu, J and K.
1616. Lalit Chopra S/o Shanti Swaroop Chopra, aged 28 years, Housing Colony, Nai Abadi, Gali No. 1, Bhind, M.P.
----Petitioners Versus
1. Rajasthan University of Health Sciences, through its Registrar, Sector- 18, Kumbha Marg, Pratap Nagar, Jaipur.
2. Daswani Dental College, Kota, through its Principal ITB-
19, RIICO Industrial Area, Ranpur, Kota.
3. Dental Council of India, through its Secretary, Awan- E-
Galib Marg, Kotla Road, New Delhi-110002.
4. P.G. Medical/Dental Admission Board 2017, through its Chairman, Admission Board and Principal and Controller, SMS Medical College, Jaipur.
----Respondents CONNECTED WITH S.B. Civil Writ Petition No. 6233/2021
1. Madhu Saini D/o B.S. Saini, aged 33 years, R/o 6-G10 Mahaveer Nagar Extension, Kota.
2. Kavad Ishwar S/o Jashu Bhai, aged 27 Years, R/o A-25 Ganesh Nagar Society Amroli, Surat, Gujarat.
3. Vinod Kumar Pal S/o Raj Narayan Pal, aged 31 years, R/o M-19 Plot No. 304, Global City, Palghar, Maharashtra.
4. Richa Tripathi D/o Rejeshwar Tripathi, aged 41 years, R/o 365, Civil Lines, Narayan Nagar, Etah, UP.
5. Taak Amrit Kaur S/o Manjit Singh Taak, aged 27 years, R/o 4, Mahesh Naresh Cooperative Society, Ghodasar, Ahemedabad, Gujarat.
6. Rahul Vaid S/o Surinder Kumar Vaid, aged 41 years, R/o B-61A, Defence Colony, Meerut, UP.
7. Umang Kanwar D/o Kuldeep Singh, aged 37 years, R/o
72, Sector No. 1, Trikola Nagar, J and K.
8. Chowdhary Humatalat D/o Munir Azhar, aged 28 years, R/o Near Old Tidke, Nagpur.
9. Rahul Mehta S/o Amrik Singh Mehta, aged 22 years, R/o Duplex Banglow, Bhopal M.P.
10. Raj Kamal Grewal S/o Randhir Singh Grewal, aged 32 years, R/o 260/11, Shastri Nagar, Ambala City, Haryana.
11. G. Dessai Sidhee Ramesh D/o Ramesh Gauns Dessai, aged 34 years, R/o Flat - Fo/1, A Building, Kurtakar Excellency, Gogal Margo, Goa.
12. Rajat Kumar S/o Chandra Bhan, aged 41 years, R/o
1/101 Ashok Vihar, Phase-I, Delhi.
13. Kunal Vuthoo S/o R.K. Vuthoo, R/o 675/A, Sector-3, Bhagwati Nagar, Canal Road, Jammu J and K.
14. Chauhan Bhumit Kumar S/o Iswar Lal, aged 28 years, R/o Jalaram Society, Taluka Gandevi, Navsari, Gujarat.
15. Vishal Vuthoo S/o R.K. Vuthoo, aged 37 years, R/o
675/A, Sector -3, Bhagwati Nagar, Canal Road, Jammu J and K.
16. Lalit Chopra S/o Shanti Swaroop Chopra, aged 28 years, Housing Colony, Nai Abadi, Gali No. 1, Bhind, M.P.
----Petitioners Versus
1. Dental Council of India, through its Secretary, Awan- E-
Galib Marg, Kotla Road, New Delhi-110002.
2. The National Board of Examination, Medicare Enclave, Ansari Nagar Ring Road, New Delhi -
110029.
3. Rajasthan University of Health Sciences, through its Registrar, Sector- 18, Kumbha Marg, Pratap Nagar, Jaipur.
4. Daswani Dental College, Kota, through its Principal ITB-
19, RIICO Industrial Area, Ranpur, Kota.
5. P.G. Medical/Dental Admission Board 2017, through its Chairman, Admission Board and Principal and Controller, SMS Medical College, Jaipur.
----Respondents For Petitioner(s) : Mr.Ravindra Shrivastava, Sr.Adv.
(through VC) assisted by Mr.S.S.Hora, Adv., Mr.Arpit Sharma, Adv. and Mr.Kartikey Kumar, Adv.
For Respondent(s) : Mr.Ajay Shukla Adv., Mr.Ravi Chirania, Adv., Mr.Harshal Tholia, Adv. on behalf of Dr.V.B.Sharma, AAG., Mr.Angad Mirdha, Adv. & Mr.Abhinav Sharma, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
['SWADEEP SINGH HORA', 'ABHINAV SHARMA', 'RAVI CHIRANIA', 'ANGAD MIRDHA']
JUDGMENT
Judgment reserved on : 4th July, 2022
REPORTABLE
Date of Judgment : 3rd August, 2022
By the Court:
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 pleaded that the respondent- College had been undertaking and teaching MDS course since the year 2014 and for the batches of the years 2014, 2015 & 2016, every private dental college could directly admit students in PG- MDS course without any examination and without any counseling, on the basis of passing out BDS course and such students had already appeared in the examinations for the years 2017, 2018 & 2019, conducted by the respondent-University.
9. The petitioners have pleaded that in the year 2017, admissions were to be made through NEET PG, however, due to cut-off prescribed by NEET of 50 percentile, the seats in various dental colleges remained vacant in the counseling and such seats were filled up by all the private colleges.
10. The petitioners have also pleaded th
