VIBHA HANS Vs. STATE OF HARYANA

JUDGEMENT

(1.) I The point of challenge in the writ petitions.

(2.) CWP No. 17171 of 2010 is at the instance of the students who had been admitted to MDS course. All the 32 students were admitted to the college without reference to the written test. Since the impugned letter dated 15.12.2010 directly affect their own status, the students have come with a challenge to the letter. CWP No. 2611 of 2011 is at the instance of the three colleges who face the consequences of the impugned order by the Union. The other two writ petitions viz CWP No. 10911 and 114 of 2010 are at the instance of the persons who claimed that they had higher marks in their respective BDS courses and the admissions made by the Colleges in respect of the candidates who are lower in order of merit, if the marks in BDS alone were to be reckoned, are bad in law. Their prayer is, therefore, that they should be admitted. The students in CWP No. 17171 of 2010 would seek for regularization of their admission and the three colleges would seek for quashing of the order of discharge and to register the MDS course for the session 2010-2011 and allow for all the consequential relief of permitting them to take examination.

(3.) The saga of admission of MDS course brought at the instance of the private unaided dental colleges have been caught up in legal imbroglio right from the word go, as it would seen from the narration of facts. The private dental colleges have formed as an Association of Post Graduate Dental Colleges of Haryana (for short 'the Association'). They decided to conduct entrance test and informed the State of its decision on 7.4.2010. A general joint entrance test which was earlier scheduled for 9.5.2010 appears to have been post-poned on the alleged failure of the State to lay down guidelines for appointment of a moderator, approval of the name of the printing agency, appointment of observers and approval of the name of the computer agency. There was a timeline before when the process must have been completed, since the statutory cut off date for the MDS courses was 31st May for each year. With the State not laying down the policy, the Association had filed CWP No. 9078 of 2010 to follow its own guidelines and make way for the examination process. The court had passed an order on 18.5.2010 issuing directions about the manner of conduct of selection and particularly by appointing a State Admission Committee to engage the agency for the purpose of conducting examination and evaluation. The admission, the court directed, was to be made in accordance with the guidelines on merits of the candidates in the entrance examination. A public notice had been issued for MDS counselling by the university referring to the fact that the counselling will be held at the specified place at Karnal on 29.5.2010 and that the candidates who had secured 50% or above in the entrance examination were eligible to appear in the counselling. The admitted case is that 96 candidates had taken the test for admission for 64 seats. Only 12 candidates got the qualifying marks of securing 50% and above. 2 dropped out and only 10 persons claimed admission. The Government of Haryana had conducted tests for admission to 4 seats in Government Dental College under M.D. University, now BDS University. 15 candidates who took the State exam but did not qualify to the 4 seats were permitted to be admitted. 7 seats reserved for NRI quota also joined. That took care of filling up 32 seats and 32 seats pertaining to management quota remained to be filled up but the candidates did not qualify through the test carried out by the Association.