LAWS(RAJ)-2020-6-402

RAJASTHAN UNIVERSITY OF HEALTH SCIENCES Vs. MADHU SAINI

Decided On June 24, 2020
Rajasthan University Of Health Sciences Appellant
V/S
Madhu Saini Respondents

JUDGEMENT

(1.) Heard learned counsels for the parties through Jitsi Meet.

(2.) This intra-court appeal assails the dated 15.06.2020, whereby the learned Single Judge has permitted the petitioners- respondents no. 1 to 16 (for brevity "the petitioners"), to provisionally to fill in the examination forms to participate in Master of Dental Surgery Final Year (Main Examination) (for batch 2017) June, 2020.

(3.) It is contended by the leaned counsel for the appellant that admission of the petitioners in the year 2017 in Master of Dental Surgery course was illegal not being through NEET PG counseling. He submits that as the Dental Council of India has, vide its letter 12.09.2018 (Annexure - R/1/1), discharged admission of 16 persons including 8 petitioners; consequently, the petitioners were not enrolled by the appellant-University of Health Sciences and hence, the petitioners were entitled to undertake the examination. He contends that from the list of students mentioned in the letter dated 12.09.2018, it is apparent that the respondent no.17- college has fraudulently given admission to 8 new students after receipt of this letter. He submits that a number of petitioners having not submitted their dissertation were not entitled to undertake the examination. His further objection is that in absence of the Dental Council of India as well as the NEET PG Counseling Board, 2017 having been impleaded as party respondents in the writ petition, the writ petition itself was not maintainable and the learned Single Judge erred in passing the order impugned granting interim relief to the petitioners. He, therefore, prays that the special appeal be allowed and the order dated 15.06.2020 be quashed and set aside.