GAURAV UDAY NAGARSEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) By this Petition, the petitioner-student is seeking relief of admission to MDS Course for the Academic Year 2009-2010 on the basis of the Revised MDS Course Regulations, 2007, by either ignoring or striking down the requirement of possessing 60% marks in subject of speciality, imposed by respondent No. 1-State Government. The petitioner is seeking admission to respondent No. 2-Goa Dental College and Hospital, which is run by the respondent No. 1-State Government.

(2.) The contention very briefly is that as the eligibility norms are already fixed by the Dental Council of India, the norm of possessing 60% marks in subject of speciality are repugnant or destructive of those norms and hence cannot operate. In view of the grievance, later on, Dental Council of India has been added as respondent No. 3 and as in the meanwhile the process of admission was over, the five students who have secured admission against six seats for Post Graduate Course have also been added as respondent Nos. 4 to 8.

(3.) We have heard Advocate Shri Sonak for the petitioner, learned Advocate General with Government Counsel for respondent Nos. 1 and 2, Asst. Solicitor General Mr. Ferreira, for respondent No. 3- Dental Council of India and Advocate Shri Shirodkar holding for Advocate Shri Sardessai for respondent Nos. 4 to 7. Respondent No. 8 has chosen not to appear though she has been served twice in the matter. By consent, Rule returnable forthwith.