MISS SIMI AGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) MISS Simi Agarwal daughter of Shri K.L. Agarwal, resident of Panchkula has filed the present petition under Articles 226/227 of the Constitution of India against the respondents for issuance of appropriate writ and directions specially in the nature of mandamus directing the respondents to give admission to the petitioner against free seat, on charging fees equivalent to government colleges as per the Scheme framed by the Hon'ble Supreme Court of India in case reported as Unnikrishnan P.J. and others v. State of Andhra Pradesh and others, 1993(2) SCT 512 (SC) :, AIR 1993 S.C. 2138 and to direct the respondents to distribute the seals allotted as "free seats" and "payments seats" and to fix the payment of fees for the same in consonance with the Scheme/Guidelines issued by the Hon'ble Supreme Court. It was further prayed by the petitioner that this court should declare the fees structure and demand of Rs. 2.05 lacs, per year, by respondent No. 4 for admission to M.D.S. Course as unconstitutional, illegal, without jurisdiction and against the scheme framed by the Constitution of India.

(2.) THE brief facts of the case are that the petitioner obtained a degree of Bachelor of Dental Surgery (B.D.S.) in April, 1995. She appeared for the Entrance Examination for admission to M.D.S. Course conducted by the Guru Jambheshwar University, Hissar and was placed at Serial No. 3 in the merit list. On 29.10.2000 and on 8.11.2000 the petitioner attended the counselling for the above course and was selected and was placed at serial No. 3 in the merit list. According to the petitioner, respondent No. 2 i.e. the University, issued prospectus for the entrance examination and, as per the prospectus, the candidate was required to deposit fees as stipulated in the prospectus. The grouse of the petitioner in nut -shell is that respondent No. 4 -college is making a demand for Rs. 2.05 lacs as fees per year. This stipulation in the prospectus is illegal, violative of the directions given by the Hon'ble Supreme Court of India in a famous case Unnikrishnan v. State of Andhra Pradesh. The petitioner was asked to deposit the fees of Rs. 2.05 lacs for one year. When the petitioner a'sked for the details, she was not furnished with any detail. The authorities did not give in writing to the petitioner the last date for the deposit of the fees. The second grouse of the petitioner is that as per the prospectus the number of seats allotted for M.D.S. Course as sanctioned by the Dental Council of India were 9. The college -authorities have divided 9 seats in the following manner : -

(3.) NOTICE of the writ petition was given to the respondents. A joint written statement was filed by respondent Nos. 1 and 2. According to these respondents vide Haryana Government letter dated 4.9.2000, Guru Jambheshwar University, Hisar, was declared a competent authority to conduct the entrance examination for M.D.S. Course for the year 2000. The test was conducted. The petitioner also appeared; result was declared and she qualified the test. The admission was to be made for the following specialities sanctioned by the Dental Council of India :