MAHARSHI DAYANAND UNIVERSITY Vs. NITASHA PAUL

JUDGEMENT

(1.) THE migration of respondent Nos. 4 to 11 namely Ms. Puneet, Ms. Bindu Bansal, Mr. Sumit Malik, Ms. Monika Bhasin, Ms. Pooja Batra, Mr. Manpj Mittal, Mr. Tarun Kumar Bhutani and Mr. Munish Madan in Civil Writ Petition No. 13507 of 1993 which s subject matter of Letters Patent Appeal No. 212 of 1994 was challenged mainly on the ground of being based upon extraneous considerations and opposed to the relevant Rules and Regulations/Instructions issued by the appellant -University with a further prayer to admit the petitioner therein namely Nitasha Paul to the 2nd year professional B.D.S. Course as she claimed to be higher in the merit besides being fully eligible for migration. The petition was allowed with a direction to the official respondents to permit migration of the said petitioner in Maharshi Dayanand University and Government Dental College, Rohtak forthwith without cancelling any migration which was the subject matter of challenge in the aforesaid writ petition. In other civil writ petitions which are subject matter of Letters Patent Appeal Nos. 78, 79, 80 and 211 of 1994, the Court felt that creation of as many seat as the petitioners were not possible and the only way out was to direct the respondent -authorities to consider the case of the petitioner on the basis of their merit in the Ist Year Professional Course and admit only five students i.e. three at Dental College, Rohtak and two at D.A.V. Centenary Dental College, Yamunanagar. Respondents were further directed to prepare merit list of the petitioners and if they come within the five seats available, they shall be migrated in order of preference according to their merit at Rohtak and Yamunanagar. It was further declared that "no other writ petition that might come will not be entertained on the ground of latches and delay."

(2.) IN Civil Writ Petition No. 16067 of 1993 a prayer has been made for quashing the migration of private respondents, named herein above, to Government Dental College Rohtak in preference to the petitioner who claimed to be higher in order of merit. A further prayer has been made for immediately admitting the petitioners in 2nd year professional B.D.S. Course by migration. This petition was directed to be heard alongwith Letters Patent Appeal No. 78 of 1994.

(3.) IN all the writ petitions and the appeals, common point of law is involved requiring the interpretation and scope of the relevant provisions of the Maharshi Dayanand University regulating admission by migration to B.D.S. and M.B.B.S. courses. All the Letters Patent Appeals and Civil Writ Petitions are therefore being disposed of by a common judgment.