GUJARAT UNIVERSITY Vs. ADITYA RAMBHAI SHARMA

JUDGEMENT

(1.) These Letters Patent Appeals are filed by the original respondent nos.2 and 4 in Special Civil Application No. 18855 of 2017, as such, they were heard together and are disposed of by this common judgment.

(2.) Letters Patent Appeal No. 672 of 2018 is filed by the 2nd respondent in the Special Civil Application No. 18855 of 2017 and Letters Patent Appeal No. 948 of 2018 is filed by the 4th respondent in the Special Civil Application No. 18855 of 2017. For the purpose of disposal, we take Letters Patent Appeal No. 672 of 2018 as lead matter.

(3.) Respondent-original petitioner is a qualified Dentist and registered as Dentist with Gujarat State Dental Council after completion of his study of Bachelor of Dental Surgery from Karnavati Dental College affiliated to Gujarat University in the year 2013. To seek admission in post graduation, he has appeared in the National Eligibility-Cum Entrance Test (NEET) held on 1st December, 2016 for academic year 2017-18. At the first instance, he was offered admission in the subject of Periodontics - MDS. Thereafter, in reshuffling, which took place on 29.5.2017, he was granted admission in MDS in Oral and Maxillofacial Surgery- MDS in Government Dental College and Hospital. After appearing in the NEET examination held on 1.12.2016, he was selected in the Short Service Commission for a period of 5 years in the Army Dental Corps in the rank of Captain as Dental Officer. He joined the Army service on 28th December, 2016 in the Military Dental Center, Nasirabad. Though he was granted admission, he did not join in the course as there was delay in accepting his resignation, as such, his admission for the said academic year was not approved. Subsequently, after making representation, he has filed a petition in Special Civil Application No. 18855 of 2017 under Article 226 of the Constitution of India with the prayers, which read as under:-