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2006 DIGILAW 2040 (RAJ)

Dr. Mukesh Pal Singh v. State of Rajasthan

2006-06-07

K.S.RATHORE

body2006
JUDGMENT 1. 1. By way of this present writ petition the petitioners are challenging the action of the States in not conducting the PG entrance examination for the Sessions 2006-07 and the admissions are being made only on the basis of merit of a candidate in the BDS Examination. 2. The petitioners passed their Bachelor of Dental Surgery (BDS) Examination and have also completed their internship from the Government Dental College and Hospital Jaipur. Since this year, the Government Dental College for the first time is starting the PG Course for the Sessions 2006-07 as the Dental Council of India has granted sanction for starting 4 NMS Course at the Government Dental College, Jaipur in the subjects of Periodontics, Oral & Maxilofacial Surgery, Conservative Dentistry and Orthodontics. As per the regulations for the NMS degree laid down by the DCI number of admissions in MDS course to each speciality shall not be more than 2 students per PG teacher per year. 3. The petitioners were preparing for appearing in Entrance Examination for the purpose of getting admission in the PG (MDS) course. But, vide Notification/Advertisement dated 29.5.2006 published in the news paper on 30.5.2006, it appears that the States are proceeding to fill up seats of the PG (MDS) course only by way of interview on the basis of marks obtained in the BDS course and entrance examination-is not being conducted for the PG Course. 4. The petitioners also alleged in the writ petition that the entire exercise is being undertaken in order to give benefit to certain students and candidates who are close relatives and wards of Professors of the Government Dental College. Moreover, it is also alleged that huge money considerations being involved for the purpose of giving admissions and the seats are being sold on premium of Rs. 30 to 35 Lacs. 5. Learned counsel for the petitioners further submitted that Hon'ble the Supreme Court has already laid down criteria for admission process for PG entrance examination for MDS course for the Sessions 2006-07 and has approved the revised time schedule to complete the process admission latest by 30.6.06 in any case. And Hon'ble the Supreme Court has stressed for filling up the PG seats by a common entrance test and in various States of India like Gujarat, Punjab, Uttar Pradesh and Maharashtra, the appointment in given purely on merit obtained in the PG Entrance Examination. 6. And Hon'ble the Supreme Court has stressed for filling up the PG seats by a common entrance test and in various States of India like Gujarat, Punjab, Uttar Pradesh and Maharashtra, the appointment in given purely on merit obtained in the PG Entrance Examination. 6. Learned counsel appearing for the University also supported the submissions made on behalf of the petitioners and submitted that the Entrance Examination can only be undertaken as per the Ordinance 278-E and G relating to PG and Diploma Courses in the Medical Sciences other than Dental PG Course and the University is yet to frame and amend ordinance 278-A and learned counsel appearing for University Mr, A,K, Sharma categorically stated that even without amending the Ordinance 278-E as the procedure laid for Entrance Test for PG and Diploma Course can be adopted in the Entrance Test of PG (MDS) Course and Mr. Sharma undertakes that within the time frame as laid down by Hon'ble the Supreme Court, the University of Rajasthan is ready to undertake the process of Entrance Test and assure that the University will complete the entire formalities with regard to conducting PG Entrance Test for Dental Surgery (MDS) Course of and counselling thereafter. 7. Per contra, learned Additional Advocate General for the State, Mr. Bharat Vyas, has drawn my attention towards the guidelines for selection of a candidate in PG Course in Dentistry 2006-07 in Government Dental College and Hospital, Jaipur. 8. Mr. Vyas submitted that for the PG Courses total 8 seats are available out of which 2 seats for Oral Surgery; 2 seats for Periodontics, 2 seats for Conservative Dentistry and, 2 seats for Orthodontics. And 50% of the total intake seats in PG Medical/Dental Courses are reserved for All India Pre-PG Candidates. Hence, information of 4 seats (one set in each speciality) available in All India Quota from above seats is being forwarded to the DGHS New Delhi by the Principal of Government Dental College, Jaipur. In case, the seats of All India Quota are not filled by DGHS the same will be filled by the PG admission board from state Quota candidates on basis of open general merit. 9. Mr. In case, the seats of All India Quota are not filled by DGHS the same will be filled by the PG admission board from state Quota candidates on basis of open general merit. 9. Mr. Vyas- submitted that since permission has been granted only on 17.5.2006 and the time frame as directed by Hon'ble the Supreme Court of India is to be adhered to, conducting of Entrance Examination for admission to Post Graduate Course (MDS) is not possible for the ensuing academic session 2006-07 due to shortage of time and this submission on behalf of the State is fortified by the University of Rajasthan as learned counsel for the University of Rajasthan Mr. A.K. Sharma undertakes that the University of Rajasthan is ready to conduct the Entrance Test and shall complete the entire formalities within the time framed by Hon'ble the Supreme Court. 10. In view of these circumstances considering the fact that All India Quota are going to be filled a after conducting the entrance test whereas four seats are being filled by the State on the basis of open general market as the petitioner has categorically alleged that this procedure is not appeared to be fair and several allegations are alleged in the writ petition and procedure only adopted to give benefit to certain students and candidates who are close relatives and wards of the existing Professors of the Government Dental College, Jaipur. Even without going into this question whether they are giving any favour to any candidate or not as the learned counsel for the University is agreed and ready to conduct the entrance test and the procedure which is being adopted by other States as stated in writ petition and petitioner also able to place the advertisement issued by the Directorate of Medical Education and Research, Himachal Pradesh, Shimla on 24.5.2006 for holding entrance test of MDS Degree for the Session 2006-07. 11. 11. In the aforesaid circumstances, I am not convinced with the submission made on behalf of the State and in the interest of justice of candidates at large, the procedure which is adopted by the State cannot be said to be fair and impartial as per the directions issued by Hon'ble Supreme Court therefore, the process for giving admission on the basis of merit alone vide notification issued by the Government dated 29.5.2006 (Annexure- 1) submitted along with the additional affidavit is hereby quashed and set aside. Therefore, I direct the University to conduct the Entrance Test for PG course in Dentistry in accordance with the procedure laid down in the Ordinance 278-E and the University is further directed to undertake entire formalities within the time frame specified by the Hon'ble the Supreme Court including entrance test and the counselling. Aforesaid directions shall also uniformally applied to private dental colleges also.With these observations, the writ petition stands allowed.Petition Allowed. *******