KALURAM KHANDE Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioner has prayed for declaring Rule 17 (5)of the Medical and Dental Post-Graduate Entrance Test Rules, 2005 (hereinafter referred to as 'the Rules') as ultra vires Article 14 of the Constitution of India and to command the respondents to grant him admission as a student of M. D. S in government College, Indore for the academic session 2005-06.

(2.) THE facts which are imperative to be stated are that the petitioner, is an assistant Professor in the Department of Dentistry in Gajara Raja Medical College (Autonomous Society), Gwalior. The Government College of Dentistry at Indore runs bachelor course in dental surgery and master degree in dental surgery. In the year 2005 there were three seats in dental surgery. Three seats for master degree in dental. surgery were allocated to Orthodontics (unreserved), prosthodontics (All India Quota) and Prosthodontics (reserved for ST candidate ). It is contended that the seat reserved for orthodontics was meant for unreserved category and it was intended for Assistant Professor, Government College, Indore though it should have been made available to every person in Government service in the State of M. P. who is working as Assistant Professor in Dental Surgery. As there was no Assistant Professor available in Government Dental College, indore for admission the seat was given away to non-service open candidates on the basis of merit. It is put forth that the petitioner should have been considered for admission to the said seat in preference to non-service (Open) candidates for whom there was several seats. It is urged that Rule 17 (5) of the Rules which provides to the effect that the seat is reserved for Assistant Professor, Government dental College, Indore, with the stipulation that if the eligible candidate is not available the seat will be allotted to eligible non-service (open) candidate strictly on merit- cum- option basis is discriminatory and arbitrary. It is contended that there cannot be reservation for a singular college and should have been open for all the Assistant Professor working in the Medical Colleges in State of M. P. It is also urged that if a candidate of the said medical college is not available then other Assistant Professors of the Colleges should be considered irrespective of their category does not save it from the vice of Article 14 of the Constitution. In this backdrop prayer has been made as has been indicated hereinabove.

(3.) A counter affidavit has been filed by the answering respondents contending, inter alia, that the College of Dentistry at Indore is the only college which imparts education for Post Graduate degree in Dentistry and rest of the colleges which impart education in Dentistry are private colleges. It is the stand in the return that the rule has carved out reservation for Assistant Professor of Government College, indore only because it has got some rational nexus and a purpose to achieve inasmuch as it is the only dental college that imparts education in Post Graduation course and it is necessary to see that maximum Professors imparting education are Post Graduates so that the students studying there in BDS course can get the advantage of teaching by the Postgraduate teachers. It is averred that the candidates who desire to pursue their study are required to fill a bond to the effect that after completing the course they will serve the Government Dental College, indore for a minimum period of two years. It is set forth that the Rule gives that if in-service candidates are not available then the seat will be filled up by the general category candidate and this is the only seat available for general category candidate and the selection would be made on merit -cum- option basis. It is highlighted that the Dental Council of India has required the Government Dental college, Indore to fulfill the deficiencies and one of the deficiencies is that deficiency of five readers in the department of Prosthodntics, Conservative Dentistry, Oral and Maxillofacial Surgery, Periodontics and Orthodontics and to fulfill the said deficiency the respondents. have been made restricted to Assistant Professor in government Dental College, Indore. The same has been done to save the college from being de-recognized by the Dental Council of India. The further stand in the return is that in the concerned college there are nine Lecturers working who have only done B. D. S. and are serving as Assistant professor and hence, the Department has no option but to take service of these teachers because the Postgraduate teachers are not available and it is incumbent on the part of the Government to equip the College with the Postgraduate teachers. It is urged that the said provision has been mad so that the education in Postgraduate courses can be imparted properly and students get benefitted.