NIRAJ KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The four petitioners before the Court have completed the Bachelor of Dental Surgery (BDS) Course from the Institute of Medical Sciences, Banaras Hindu University. All of them were admitted to the four year course in the batch commencing from 2008-09. The final examination was conducted in September 2012 and it is not in dispute that the petitioners have cleared the examination. The internship was conducted between 16 January 2013 and 15 January 2014.

(2.) The dispute before the Court relates to admissions for the Master of Dental Surgery (MDS) Course from the Institute of Medical Sciences, Banaras Hindu University. The University is the second respondent, while the third and fourth respondents are its Vice Chancellor and the Director of the Institute.

(3.) On 5 February 2014, results of the All India Postgraduate Dental Entrance Examination conducted by the All India Institute of Medical Sciences were declared. All the petitioners had appeared at this examination. The first petitioner has secured less than 50% marks and is, therefore, not eligible for registration to the MDS Course. On 26 March 2014, the Banaras Hindu University (BHU) issued its admissions' notification. The Information Booklet and Application Form for (MDS) Courses-2014 specified in paragraph 1.2 that admissions will not take place through a separate entrance examination conducted by Banaras Hindu University but would be based on the rank of the candidates in the All India Postgraduate Dental Entrance Examination (AIPGDEE-2014) conducted by the All India Institute of Medical Sciences (AIIMS). Paragraph 1.2 reads as under: