PREETI NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners seek a direction to Dental Council of India to approve the admission of the petitioners to the BDS Course in Government Dental College, Bangalore for the academic session 2016-17. The petitioner seeks a writ of certiorari for quashment of order dtd. 10/4/2019, by which the Dental Council of India addressed a communication to the College, by which it has been apprised that petitioners were admitted after the cut off date to the BDS Course for the academic session 2016-17, therefore, all the State Dental Councils / Tribunal have been directed not to register the names of the petitioners. In order to appreciate the petitioner's challenge, few facts need mention, which are stated infra.

(2.) The petitioners were aspirants for admission to the BDS course and had appeared for counseling on 7/10/2016. An order of admission was admittedly issued to the petitioners on 7/10/2016 and petitioner Nos.1 and 3 deposited the fee on 7/10/2016 whereas, petitioner No.2 deposited the fee on 8/10/2016. On 6/10/2006, the Director, Medical Education sent a communication to the Executive Director, Karnataka Examination Authority by which the Karnataka Examination Authority was informed that the candidates had to be admitted to the course on 7/10/2016 and in case, they failed to come on 7/10/2016, the admission should be offered to them on 8/10/2016 also. The Karnataka Examination Authority issued a Notification on 6/10/2018 by extending the date of admission from 7/10/2016 to 8/10/2016. The Supreme court on 6/10/2018 itself passed an orders on an interlocutory application pertaining to MBBS and BDS course and directed that the process of admission should be completed by 7/10/2016.

(3.) However, Dental Council of India by a communication dtd. 13/11/2017 required the Dental Government College and Research Institute to discharge the petitioners on the ground that they have been admitted to the BDS course beyond the cut off date i.e., 7/10/2016. Thereafter, a communication dtd. 10/4/2019 was sent by the Dental Council of India to the college informing that the Dental council has already directed all the State Dental Councils / tribunal not to register the names of the petitioners. In the aforesaid factual background, this petition has been filed.