RAMAKANT GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is a student, who had appeared in a common entrance test conducted by the Professional Examination Board of M.P. for admissions to the Veterinary and Animal Husbandry Course as also the Bachelor of Dental Surgery. On the basis of the marks obtained by him, the petitioner was admitted in Veterinary and Animal Husbandry Course in the Veterinary College, Jabalpur, where he joined on 26.9.1989. The petitioner had also opted for B.D.S. Course and on 3rd March, 1990 he received a letter from the Directorate Medical Education, M.P. informing him that he had been selected for admission to the B.D.S. Course in the College of Dentistry at Indore. The last date for joining the course was given as 19.3.1990. As the petitioner felt that he would have a brighter future as a Dentist, he left the Veterinary Course after having been in that course from 26.9.1989 to 16.3.1990 and came to Indore to join the College of Dentistry on 19.3.1990. He was duly admitted in the college and he deposited the necessary fees also. On 10.4.1990 to the utter shock and despair of the petitioner he was informed that his admission to B.D.S. Course was cancelled. In tins letter dated 5.4.1990 (Annexure -6 to the petition), which was received by the petitioner, it was stated that the petitioner had been granted admission to B.D.S. Course provisionally on the basis that he had secured 892 marks out of 1200 marks but as the Professional Examination Board had informed the college authorities that the petitioner had in fact secured 888 marks out of 1200 and not 892 marks out of 1200, the admission of the petitioner was cancelled. The petitioner has challenged this order in this petition.

(2.) ON 3rd May, 1990 a show cause notice was directed to be issued to the respondents in this case as to why the petition be not admitted. On 17.5.1990 the learned Vacation Judge had ordered in this case that the respondents shall permit the petitioner to join the classes in the First Professional Year of B.D.S. Course in the College of Dentistry, Indore until further orders.

(3.) ON 3rd September, 1990 an application was moved by the petitioner for amendment of the petition, bringing it on record that four vacancies were available in the Dentistry College and he could be adjusted against one of them and reply has been filed on behalf of the respondents Nos. 1, 2 and 3 to the aforesaid application stating that in fact four vacancies exist at present in the B.D.S. Course because four of the candidates from the petitioner's batch have been selected for M.B.B.S. and they left the college for the course. It is further contended that the vacancies have occurred in 1989 -90 and under the rules after the P.M.T. Examination of 1990 was held a new list has been prepared but the vacancies of the earlier years lapsed and cannot be filled in.