PARTHA MAHAPATRA Vs. PRINCIPAL REGIONAL DENTAL COLLEGE

JUDGEMENT

(1.) I have heard Shri D.N. Choudhury, learned Advocate for the petitioner and Shri R.P. Sharma, the learned Advocate for the Respondent No. 1 and Smti. A. Hazarika, learned Advocate for Respondents No. 1.2 and 3 regarding the interim order prayed for by the petitioner. The interim order prayed for by the petitioner is that a direction may be given to Respondent No. 1 to admit the petitioner in the Regional Dental College at Guwahati subject to the outcome of the case and/or to provisionally allow the petitioner to attend the classes in the first year B.D.S. Course in the ensuing season by keeping one seat reserved for him.

(2.) The brief facts are as follows :- The petitioner is the son of a Doctor and the Doctor is presently the chief Medical Officer of the C.R.P.F. base hospital at Guwahati. It is stated that the petitioner passed the Higher Secondary School Examination under the CBSE in 1993 and obtained 55.02% of marks in the subjects of Physics, Chemistry, Biology and English. However, the petitioner did not clear all the subjects in one sitting and in fact cleared Chemistry in the second sitting on Repeat. The admission to the Medical College of Assam and Regional Dental College is governed by a set of Rules known as the Medical Colleges of Assam & Regional Dental College (Regulation of Admission of Under- Graduate Student) Rules, 1994. Rule 3 of that Rule provides for condition for admission and eligibility for appearing far admission test. Rule -3(c), inter -alia, provides as follows :-

(3.) Rule 5 provides for exemption for admission test. The admitted position in this case is that the petitioner was nominated as candidate by the State of Manipur. The proviso to Rule 5 provides as follows :- "Provided the candidate a nominated shall fulfill all the eligibility criteria laid down in Rule 3(a), 3(c), 3(f) and 3(g)." So even a candidate who is exempted from admission test must fulfil the eligibility criteria as laid down in the aforesaid Rules. Rule 3 (c) has already been quoted above. In the instant case though the petitioner was nominated by the Government of Manipur for admission in the 1st year B.D.S. Course in the Dental College, Guwahati, the Respondent No. 1 refused to admit him inasmuch as this candidate did not fulfil the eligibility criteria which is mandatory and being followed uniformly all over the country. As required by Rule 3(c) he did not pass the qualifying examination in the same sitting and he passed the qualifying examination only in two sittings. The Respondent No. 1 has produced record before me to show that the matter was processed by him and he found that the petitioner did not fulfil the eligibility criteria inasmuch as the academic eligibility as laid down by the Dental Council of India and approved by the Central Government, and it was further pointed out by him that this is not a thing which can be relaxed in respect of an individual candidate and as a matter of fact there was no relaxation as required Under Rule 10 of the aforesaid Rules.