KENNATH J ARUL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this writ petition, petitioner seeks a direction to the respondents 1 to 3 to declare that he has passed the MDS course with effect from the 1st supplementary examination i. e. September, 2004, so as to enable him to get his seniority and promotion thereon.

(2.) THE brief facts necessary for disposal of the writ petition are as follows. (i) Petitioner passed BDS course and applied for MDS course in the academic year 2001-2002 in terms of the prospectus issued by the respondent. Petitioner was ranked 18th among the applicants for MDS course and he was wait listed for the speciality course in Oralpathology in the Government Dental College, wherein only seven seats were available for non-service candidates. (ii) Petitioner filed W.P. Nos. 9403 and 9404 of 2001 before the High Court of Madras for allotment of seats in the Government Dental College according to his merit against one of 18 additional seats, available by reasons of the deemed approval of the Central Government. THE Principal Bench at Madras passed in interim order to conduct second counselling and thus, the petitioner was given a seat in the MDS Oralpathology course. According to the petitioner, the said procedure of admitting candidates in the additional seats were followed in the proceeding years from 1997-98 to 2000-2001. Hence the petitioner joined in the course on 10.6.2001. (iii) It is the further case of the petitioner that he had filed second writ petition with a prayer to allot a seat according to his merit in one of the self-financing colleges, as otherwise, he will be deprived of the seat in the event of any adverse result in the other writ petition. On 8.5.2001, the Principal Seat at Madras ordered to grant provisional admission to the petitioner in any one of the self-financing college, excluding two of such colleges, which challenged the Government Order dated 18.9.1996 directing to fill up 50% of the seats. Petitioner was called for counselling along with others, but the seats were not sanctioned afterwards. (iv) According to the petitioner, he got impleaded in W.A.No.550 of 1997 and applied for vacating the stay obtained by two self-financing colleges directing to fill up 50% seats with Government allotted candidates. THE appeal was dismissed on 20.12.2001 by a Division Bench of the High Court of Madras and the power of the Government was upheld in respect of the allotment of students to the post graduate, dental course. Ultimately in the above referred judgment it was observed that the students including the petitioner, who have already got admission in the Government Dental College, need not be allotted seats in the self-financing colleges. (v) It is the grievance of the petitioner, the candidates with 60th and 70th ranks were admitted in the Private Dental Colleges in good speciality courses, whereas the petitioner with 18th rank was put into non-recognised category in the Government Dental College. Petitioner had completed three years MDS Course in the Government Dental College and passed Part-I examination and there is no examination for the second year. Petitioner paid the examination fee for the final year part-II examination. However, the second respondent refused to permit the petitioner to takeup the final year part-III examination to commence on 18th March, 2004. Petitioner was allowed to write the examination by virtue of the interim order passed by the Madras High Court along with other candidates on 18.3.2004 and the results were withheld. (vi) THE State Government submitted proposals for the increase of seats and ultimately the Central Government and Dental Council of India ratified creation of additional seats to the Government Dental College, Chennai by order dated 23.12.2005.

(3.) SECTION 5 of the Tamil Nadu Dr. M.G.R. Medical University, Chennai, Act 1987, reads as under,