ANKUSH MITTAL Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) Petitioner sat in common entrance test conducted by Himachal Pradesh University on behalf of Himachal Pradesh Government for admission to the professional course of different colleges located in the -State of Himachal Pradesh during the year 2000 - 2001. In the present writ petition we are concerned with the admission to B.D.S. Course in the said Session.

(2.) As per petitioner, B.D.S. Course is of five years duration. There are three colleges in the State, namely, Himachal Pradesh Government Dental College and Hospital, Shimla, and the other two colleges Himachal Dental College, Sundernagar and M.N.D.A.V. College, Dental College Dental, Solan are private. All these three colleges are affiliated to Respondent No. 1 -University. It is admitted case of all the parties that after holding of examination by Respondent No. 1 -University, on the basis of merit as well as in terms of the conditions contained in the prospectus, candidates are Sponsored for counselling in accordance with law to different colleges. In the present writ petition, grievance is made by the petitioner against Annexure P -5 an admission notice for payment seats. For ready reference notice is extracted herein below: "HIMACHAL PRADESH UNIVERSITY Summer Hill, Shimla -171005 "ENTRANCE TESTS CELL" ADMISSION NOTICE FOR PAYMENT SEATS IN BDS COURSE 2000 -2001 Non Himachal candidates with 10+2 Science (Medical Group) with minimum 50% aggregate marks in PCB with English as a qualifying subject having completed age of 17 years but not crossed 25 years of age on 31.12.2000 and who are interested to seek admission against the nine payment Seats in BDS Course in MN DAV Dental College, Dental (Solan)(H.P.) may apply on plain paper to the Principal of the said college up to 22.11.2000. Prescribed fee is Rs.75,000/ - p.a. For more details with regard to Security etc. candidates may contact the Principal on Phone No.01792 - 52571. Necessary counselling for these seats will be held in the College premises on 23.11.2000 at 10.30 A.M. for which candidates should bring all the required certificates in original personally. (S.C. Dohroo) Addl. Controller of Examination"

(3.) Case as set up by the petitioner against this notification is that doors have been shut for Himachal students against these seats, which is discriminatory. This advertisement was issued contrary to the decision in the case of Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh & Ors., 1993(1) SCC 645. Another ground urged in support of this writ petition at the time of hearing was that all candidates have been placed equally and at the same time Himachal candidates are debarred. Such an action is violative of Article 14 of the Constitution of India and is liable to be strick down.