DESH BHAGAT DENTAL COLLEGE AND ORS. Vs. STATE OF PUNJAB THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH GOVT. OF PUNJAB AND ORS.

JUDGEMENT

(1.) The impugned advertisement, Annexure P -8, has been issued pursuant to the orders dated 13.12.2002 passed by this Court in Civil Writ Petition No. 14832 of 2002. The primary grievance of the petitioners herein is that they were not party to the writ petition aforesaid and the matter in fact stand covered by the decision of the Hon'ble Supreme Court in (2000) 8 S.C.C. 481 TMA Pai Foundation and Ors. v. State of Karnataka and Ors..

(2.) AFTER having heard the matter, we are of the view that it will be in the fitness of things that if the matter is placed before the Division Bench which passed the orders in Civil Writ Petition No. 14832 of 2002. Let the needful be done after obtaining permission of Hon'ble the Chief Justice.

(3.) IN order to appreciate the submissions advanced on behalf of the petitioner, it is necessary to notice a few facts in addition to the facts leading to the issuance of the impugned public notice, referred to above. The petitioner -college got its third year renewal for conducting the BDS Course from the Government of India, Ministry of Health and Family Welfare, after the Dental Counsel of India made recommendation in favour of the petitioner on 1.10.2002. On the grant of the aforesaid renewal, petitioner -college addressed a communication dated 8 10.2002 to the Registrar of the Medical University requesting him to include the petitioner -college in the process of counselling/admission to the first year BDS course. Though another communication dated 18.10.2002, the petitioner -college requested the Registrar of the Medical -University to allocate first years BDS students to it out of the waiting list or in the alternative to grant permission to the petitioner -college to admit students at its own level, on merit basis. Through yet another communication dated 25.10.2002, the petitioner -college sought permission from the State Government to admit students to the first year BDS course.