PADANILAM WELFARE TRUST REP. BY ITS CHAIRMAN DR. C.K. VELAYUTHAN NAIR, V.P.M. HOSPITAL COMPLEX PADANILAM, KULASEKARAN, KANYAKUMARI DISTRICT Vs. TAMIL NADU DR. M.G.R. MEDICAL UNIVERSITY REP. BY ITS REGISTRAR 40, ANNA SALAI, CHENNAI,

JUDGEMENT

(1.) THE petitioner -Trust has challenged the proceedings of the first respondent University made in Letter no.31660/Affln.I(2)/99 dated 22.12.2000 and seek for a consequential direction to register all the candidates admitted for the B.D.S. course not exceeding the sanctioned strength of 60 seats for the academic years 1999 -2000, 2000 -2001 and 2001 -2002.

(2.) THE impugned order came to be passed on the request of the petitioner -Trust in the representation dated 13.10.2000 requesting the first respondent University for adjustment of 31 seats admitted during the academic year 1999 -2000 for the academic year 2000 -2001. The petitioner submitted an application dated 4.12.97 to the first respondent University for certificate of registration to start a self -financing Dental College. The said request was considered by the University and by letter dated 4.12.97, the petitioner was informed to obtain prior permission of the Central Government to start a Dental college. Thereafter, the petitioner addressed another letter dated 4.12.98 requesting the University to issue the letter of consent of affiliation. However, again the University in letter dated 28.5.98 informed the petitioner to get the permission from the State Government for establishment of the Dental college. The petitioner addressed again in letter dated 7.9.98 submitted its proposal for the issue of letter of consent of affiliation. The said request was placed before the Governing Council of the University in its meeting held on 18.12.98 and it was resolved to issue letter of consent of affiliation to the petitioner with a further condition that "the issue of letter of consent of affiliation does not confer any right on the Trust to admit the students in the first B.D.S. Degree course till the permission of the Government of India and the affiliation of the University are granted." Pursuant to the above resolution, the letter of consent dated 13.8.99 was issued with the following conditions: -

(3.) FROM the facts narrated above, it cannot be disputed that 40 students were admitted by the petitioner -Trust for the academic year 1999 -2000 without there being any affiliation. This is evident from the fact when the request of the petitioner for grant of affiliation was considered by the first respondent University, a letter of consent of affiliation was issued on 13.8.99 wherein it was specifically informed that the students should not be admitted till the provisional affiliation is granted to start the first BDS Degree course. Such a provisional affiliation was in fact granted by the first respondent University by order dated 12.4.2000, and that too for the academic year 2000 -2001. By the said proceedings, provisional affiliation for the academic year 1999 -2000 was not granted. However, the petitioner filed W.P.No.7472 of 2000 seeking for a direction to the respondents to delete and rectify that portion of the order in paragraph 11 of the proceedings dated 12.4.2000 which stipulated the affiliation from the academic year 2000 -2001 only. Even though the students admitted for the academic year 1999 -2000 were initially permitted to write examinations by the order of a learned single Judge, on appeal the said order was set aside and the Division Bench also held on facts that 40 students were admitted without affiliation. It is well settled principle of law that the students admitted without there being affiliation are not entitled to take the examinations conducted by the University. The said writ petition itself was later withdrawn by the petitioner -Trust and thereafter only the petitioner -Trust had made a request to the first respondent University on 13.10.2000 for adjustment of the 39 students and by the impugned order the University has directed adjustment of the 39 students in the following manner i.e., 12 students for the academic year 2000 -2001 and 29 students for the academic year 2001 -2002.