VIKRAM DHILLON Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition is filed by the petitioner for a writ of Mandamus and/or any other appropriate writ, order or direction commanding the State of Haryana and other respondent authorities to grant admission to the petitioner in Bachelor of Dental Surgery ('BDS' for short) in Open Category in Government Dental College, Rohtak respondent No. 8 for the academic year 2004-05 and also to grant other reliefs which this Court deems fit and proper in the facts and circumstances of the case.

(2.) The case of the petitioner is that he is a citizen of India and permanent resident of Faridabad. He is pursuing the BDS course in the first year in M.M. College of Dental Sciences & Research, Mullana - respondent No. 5 which is affiliated to Kurukshetra University, Kurukshetra.

(3.) It is the case of the petitioner that Maharshi Dayanand University, Rohtak ('MDU' for short), respondent No. 2 herein invited applications for "Common Entrance Examination, 2004" ('CEE' for short) for admission to MBBS/BDS in medical/dental colleges/institutes of the State of Haryana. Since the petitioner was eligible and was desirous of joining medical/dental course, he applied for the aforesaid examination in the prescribed form to respondent No. 2. He paid the requisite charges and supplied relevant details. The examination was held on June 21, 2004 in which the petitioner appeared vide Roll No. 109031. On June 28, 2004, respondent No. 2 notified the result of CEE, 2004 on Notice Board. Though the Prospectus provided that result of the Entrance Examination would be notified to the candidates individually by UPC Post, the petitioner was not intimated. He, however, found out from the internet that he had secured 128 marks out of 180 marks and was ranked at Sl. No. 418 in the Open Category. The Prospectus further provided that the date, time and place of Counselling would be intimated to the candidates by UPC Post calling the candidates for counselling. The petitioner was again not intimated about the date, time and place of counselling. Somehow, he came to know that the counselling was to be held at Rohtak on August 9, 2004. He attended the counselling and submitted all his certificates, marks-sheets etc. He, however, found that he had been arbitrarily placed at rank No. 423 instead of 418. The petitioner initially opted for MBBS course in any of the medical colleges mentioned in the Prospectus. Alternatively, however, he opted for BDS course in Government Dental College, Rohtak. Since the petitioner was informed that there were no seats available in MBBS anywhere or in BDS course in Government Dental College, Rohtak, he was constrained to opt for BDS course in a private Dental College, i.e. M.M. College of Dental Science & Research, Mullana. It is the assertion of the petitioner that as per Rule 3 of the Rules of Admission, the petitioner preferred to be wait-listed for MBBS in any of the colleges in Haryana and if no vacancy is available in MBBS course, a seat in BDS in Government Dental College, Rohtak.