ORDER Writ petitioners are students who have completed their Bachelor of Dental Sciences Degree and who are aspiring for admission to Postgraduate Dental Sciences degree etc. 2. Petitioner in Writ Petition No. 6675 of 2006 had prayed for admission at the respondent 2-AB. Shetty Memorial Institute of Dental Sciences, Mangalore and petitioner in W.P. No. 8324 of 2006 had sought for admission at the respondent 2-Sree Dhannasthala Manjunatheshwara College of Dental Sciences and Hospital, Dharwad. For such purpose, the petitioners had also written a Common Entrance Test conducted by the respondent 3-COMED-K Association and had obtained certain ranks. What is common with regard to both the petitioners is that the petitioners had sought for admission against the seats reserved for persons belonging to 'tulu' minority community and the colleges where they were seeking for admission having provided such reservation, being institutions established and administered by such minority community. 3. It appears that while the seats are in fact available at the respective colleges against the quota reserved for such community, what has come in the way of the petitioners for getting admitted is the percentage of marks that they obtained in the Common Entrance Test examination conducted by the respondent 3 and to the misfortune of the petitioners, their marks so obtained therein falling below 50%. An ordinance that had been issued by the respondent l-University in the context of regularising admissions to Post-graduate Courses in Medical and Dental Sciences having been prescribed that such students should obtain minimum of 50% marks in the Common Entrance Test and the petitioners not having obtained such 50% marks, colleges it appears though otherwise are inclined to admit the petitioners have indicated that the respondent-University comes in the way of the colleges making admission and therefore they are not in a position to admit students and assuming that they should admit, the University may also not approve such admission and that will be to the detriment of the students and in such circumstances, the petitioners have approached this Court as they found the respondents ordinance a stumbling block in their way and are seeking for the following reliefs: "(i) Issue a writ of certiorari quashing Regulation 7(1) of the Notification bearing No. UA/MISC/32/2005-06, dated 22-12-2005 issued by the 1st respondent-Rajiv Gandhi University of Health Sciences, Karnataka insisting on 50% eligibility in COMED-K Entrance Test which is produced herewith and marked as Annexure-D; (ii) Issue a writ of mandamus or such other writ or direction directing the respondents to admit the petitioner for Post-graduate Course in the 2nd respondent-College and permit the petitioner to complete the course; (iii) Issue any such other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity". 4. Regulation 7 of the ordinances governing conduct of Entrance Test for Admission to Post-graduate Medical and Dental Degree and Diploma Courses in Private Medical Colleges, Private Dental Colleges and Deemed Universities Regulations, 2005 reads as under: "7. Merit List.-(1) The committee shall prepare merit list(s) on the basis of marks obtained in the Entrance Test. The minimum percentage of marks for eligibility for admission to PG Medical/Dental Degree and Diploma Courses shall be 50% marks in the Entrance Test for General candidates and 40% marks in the Entrance Test for candidates belonging to Scheduled Castes and Scheduled Tribes. (2) The inclusion of a name in the merit list shall not entitle the candidate for admission unless he satisfies the conditions specified by the University for such admission. (2) The inclusion of a name in the merit list shall not entitle the candidate for admission unless he satisfies the conditions specified by the University for such admission. (3) No candidate shall be eligible for admission to any post-graduate degree or diploma courses solely on the ground that his name is included in the merit list. Unless the candidate satisfies the conditions and rules of admission for the courses, whether made before or after the publication of these regulations, if any, made by the MCI/DCI to the courses concerned, he shall not be eligible for admission". 5. Petitioners are urging legal ground that an ordinance of this nature fixing an additional eligibility criteria of obtaining minimum of 50 marks in the Common Entrance Test examination over and above what had been fixed by the Dental Council of India Regulations for Admission to Post-graduate Dental Courses is in the teeth of the regulation framed by the Dental Council the professional Body meant to prescribe standards for dental education; that such provisions of the respondents are inconsistent with the qualification as had been MISSING PAGE NO. 60 each other, which has the effect of lowering the standard cannot be prescribed by a State Legislature, the Supreme Court itself has taken the view that the State has the freedom to prescribe a higher qualification which can have the effect of enhancing the standard and such a step being consistent with the object of the prescription of minimum standards under the Dentists Act and Regulations, the legislation by the State was allowed to stand and for such submission draws support from the decision of the Supreme Court in the case of State of Tamil Nadu and Another v S. v: Bratheep (Minor) and Others1. 10. In fact, the Supreme Court, had an occasion to examine its earlier decision in Dr. Preeti Srivastava's case in this later decision and observed that the view taken in Dr. Preeti Srivastava's case was that the State can always fix a further qualification or additional qualification to what has been prescribed by the professional body and that proposition is indisputable. In fact, the Supreme Court, had an occasion to examine its earlier decision in Dr. Preeti Srivastava's case in this later decision and observed that the view taken in Dr. Preeti Srivastava's case was that the State can always fix a further qualification or additional qualification to what has been prescribed by the professional body and that proposition is indisputable. If so, prescribing minimum qualification of 50% in the Common Entrance Test by the University in terms of the ordinance as a condition precedent for admission to MDS course in the college affiliated to the University in terms of the ordinance being over and above what is already indicated to be the eligibility criteria by the Dental Council, it cannot be held to be in conflict with the DCI regulation and therefore cannot be declared as either repugnant to the Central legislation or illegal otherwise also. 11. I do not find any occasion to interfere in a matter of this nature. In this view of the matter, these petitions are dismissed. Interim order granted earlier in dissolved. 12. It is open to the respective colleges and the Association to proceed in accordance with law so far as admissions are concerned. 13. Sri Kantharaja, learned Counsel for the petitioner permitted to correct the initials of the name of the petitioner in W.P. No. 8324 of 2006.