AKANKSHA NAYAK Vs. STATE OF M.P.

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No. 11117/2019 are narrated hereunder.

(2.) The petitioner before this Court has filed this present writ petition being aggrieved by the order dated 2/4/2019, 21/5/2019 and 6/6/2019 passed by the Appellate Authority, Admission and Fee Regulatory Committee, in Appeal No. 42/2019.

(3.) Facts of the case, as stated in the Writ Petition, reveal that the petitioner has completed her Bachelor's Degree of Dental Science (hereinafter referred as 'BDS Course') from K. D. Dental College, Mathura (UP) which is affiliated with Dr. Bhimrao Ambedkar University, Agra (UP). She did her BDS from 2009-2010 to 2013-2014. The petitioner got herself registered as Dentist in the State of Madhya Pradesh, having Registration No.A-6885 on 28/5/2016 under the Dentists Act, 1948 and the registration is valid upto 31/12/2020. Petitioner has further stated that after completion of internship, she wanted to pursue higher studies. Petitioner has further stated that the Government of India brought in force an Ordinance being Dental (Amendment) Ordinance 2016 by which the National Eligibility Test was made mandatory for admission in BDS Course through out the country and the ordinance exempted only Government seats from the purview of National Eligibility cum Entrance Test, (hereinafter referred to as "the NEET"). The petitioner has also stated that the Ordinance never provided for the applicability of NEET in respect of MDS Courses in the year 2016-2017. Petitioner has further stated that Hon'ble the Supreme Court in the case of Sankalp Charitable Trust Vs. Union of India and others [W. P. (Civil) No. 261/2016] has issued a direction that the AIPMT 2016 shall be treated as NEET-I and the Central Board of Secondary Education shall conduct NEET-II on 24/7/2016 for admissions to MBBS / BDS Courses for the academic year 2016-2017. The contention of the petitioner is that the applicability of NEET was mandatory only for BDS Courses and in respect of those candidates who have already passed BDS and who wanted admission in MDS for the academic session 2016-2017, the qualification of NEET was not required. Petitioner has further stated that an application was preferred before Hon'ble the Supreme Court in W.P.(Civil) No. 4060/2009 for issuance of a direction in respect of admissions for the academic session 2016-17, for all the seats in Private Dental Colleges and the Hon'ble Supreme Court has passed an order on 17/3/2016 by issuing a direction to select the candidates on the basis of inter-se merits for admission in respect of the academic year 2016- 2017 Batch from the list of All India Examination conducted by the AIIMS through counselling done by the State. It has been further stated that the State of Madhya Pradesh has framed Rules known as "M. P. Private medical and Dental Post Graduate Course Admission Rules, 2016". Petitioner has further stated that on account of non-availability of large number of candidates seats were available and in 2016 2017 the National Eligibility Test nor the MP Pre-Medical Test was conducted nor any admission test was conducted by the Association of Private Dental and Medical Colleges (APDMC) and in those circumstances the respondent No.8 Modern Dental College and Research Centre, invited applications for admission from the candidates who were possessing BDS Degree. The last date for admission was 31/5/2016 and the petitioner applied for the same and was granted admission on 31/5/2016.