PUNEET SARDANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mr. Puneet Sardana through present petition filed by him under Article 226 of the Constitution of India, seeks writ in the nature of certiorari so as to quash order permitting migration of respondent Nos. 4 to 7 to Dental College, Rohtak in preference to his claim being eligible for migration and higher in merit. The relief aforesaid has been asked for on the following facts :

(2.) Petitioner was pursuing his B.D.S. course at the North-Bengal Dental College, Siliguri (West Bengal) (hereinafter to be referred as the said college) which is stated to be duly approved by the Dental Council of India. He qualified his 1st Professional Examination of the B.D.S. course and got 391 marks out of 600 marks. As he was not enjoying good health, he applied to the respondent-University for migration from the said College to Dental College, Rohtak. The relevant ordinance dealing with migration to Dental College, Rohtak, reads thus :-

(3.) Mr. Rajiv Atma Ram, learned counsel for the petitioner, on the basis of pleadings, referred to above, contends that the action of respondents in permitting migration to petitioner at Yaumnanagar in spite of his preference to be migrated to Dental College, Rohtak and preferring respondent Nos. 4 to 7 to be migrated to dental College, Rohtak, even though they had lesser marks than him,is not only against the guidelines formulated by the University itself but is also arbitrary as there were no special circumstances available for giving precedence to respondent Nos. 4 to 7 and it was only a method of pick-and-choose which was adopted.