ROMIL B SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The appellants in these two appeals challenge the judgment of the Division Bench of the High Court of Gujarat. K.M. Shah Dental College, appellant in one of the two appeals herein, is a dental college in the district of Vadodra in Gujarat. They held entrance examination for admission to the post- graduate course (M.D.S. in all branches), for which an advertisement was published by them in two daily newspapers on 17.6.2006. The last date for receipt of applications was 22.6.2006 and thereafter the entrance examination was held on 25.6.2006. Though the counselling had been notified for 27.6.2006, the entire admission process was completed on 26.6.2006 itself. According to the appellant-college, 24 students had sought admission, but only 23 students were selected. One of the students who sat for the entrance examination filed a Special Civil Application before the High Court of Gujarat challenging the process of selection followed by the appellant-college. The learned single Judge directed that the appellant-college shall not fill up the seats of the post-graduate course on the basis of the common entrance examination held on 25.6.2006. The appellant-college challenged the same in a writ appeal and the Division Bench found that the common entrance examination conducted by the appellant-college was not fair and transparent and non- exploitative and held that all the 23 seats will be filled up from the list prepared by the Gujarat University.

(3.) We heard the appellants counsel and counsel for the respondents. The counsel for the appellant-college contended that the entrance examination was held in accordance with law and the appellant-college being a single college was entitled to conduct the entrance examination of its own based on the decision of this Court in P.A. Inamdar v. State of Maharashtra AIR 2005 SC 3226 . Counsel for the respondents on the other hand contended that even if it is assumed that the appellant-college had the right to conduct the entrance examination, the selection process was illegal and not fair to the students seeking admission. The Division Bench in the impugned judgment has pointed out a series of irregularities in the conduct of the entrance examination. The whole entrance examination was done in a haphazard manner. The entrance examination was advertised on 17.6.2006, the last date for receipt of applications was fixed as 22.6.2006 and the counseling was notified for 27.6.2006 whereas the counseling was held on the previous day. It is also contended that some of the students who sought admission were denied application forms, short date were given for examination in order to prevent the candidates from submitting the applications for examination. It is also alleged that the appellant-college was trying to circumvent the directions contained in various decisions of this Court. The appellant-college, on the other hand, contended that the whole process of selection had to be conducted before 30th June, 2006 and hence short time was given for submitting the applications.