MANEESH RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The following order of the Court was delivered by V. S. Kokje, J. :

(2.) The petitioner has passed his B.D.S. Examination in the year 1990 and is desirous of admission to a Post-Graduate Course in the Dental College, Indore. The State Government had framed guidelines for admission to the Post-Graduate Course in the College of Dentistry, Indore. These Rules, are called the M.P. Selection Rules for Post-Graduation Courses in the College of Dentistry, Indore, 1988. Admissions were given under these Rules. Now on 2-4-1992 New Rules named M.P. Competitive Post-Graduate Entrance Examination for Admission to Medical Courses (M.D./M.S.) and Dental Course (M.D.S.) Rules, have been made. In the Notification dated 31-3-1992 published in the Gazette of M. P. dated 2-4-1992, it is declared that on publication of these rules, M. P. Post-Graduation Rules, 1984, shall become defunct. However, no similar repeal of the 1988 Rules applicable to the Post-Graduate Course, in the College of Dentistry, has been expressed.

(3.) The respondents Nos. l to 3 invited applications for filling up the seats in the M.D.S. Course and on completion of formalities, selected respondents Nos. 4 and 5 for grant of admission. The petitioner challenges the grant of these admission on the ground that 1988 Rules for admission have been impliedly repealed by bringing in new Rules in their place and, therefore, admissions cannot be granted to respondents Nos. 4 and 5 this year. According to the petitioner, admissions now can be granted only by a Competitive Examination held in accordance with the new Rules, which have come into force from 2-4-1992.