APARNA CHOUDHARY Vs. RAJ UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) Under challenge is the whereby the Principal, Rajasthan University of Health Sciences, Jaipur has informed the Coordinator, Pre P.G. Medical/Dental Counseling Board, 2016 and the Principal, SMS Medical College, Jaipur under intimation to the petitioner that the admission of the petitioner in MDS (Pedodontics) in the non -service category against the State quota be cancelled for the reason that she had obtained her BDS degree from the Government Dental College, Amritsar affiliated to Baba Farid University of Health and Sciences in Punjab and not from a college affiliated or constituent of the University of Rajasthan or the Rajasthan University of Health Sciences, rendering her ineligible to be admitted.

(2.) The facts of the case are that having written the AIPGDEE -2016 examination conducted by the National Board of Examination (NBE) and secured the 151st All India rank therein, the petitioner was allotted a seat in the All India quota at Nair Dental College and Hospital, Mumbai in MDS (Periodontia) vide order dated 23.03.2016. The petitioner deposited the requisite fee and her admission at the said college was confirmed on 29.03.2016. The petitioner was thereafter offered allotment of a MDS seat (Pedodontics) at the Government Dental College, Jaipur under State quota on the basis of the application form submitted by her during the online registration (ID No.PD -1008) disclosing the fact that she had passed her BDS examination from the Government Dental College and Hospital, Amritsar affiliated to Baba Farid University of Health and Sciences in Punjab. The petitioner was so informed vide provisional allotment letter dated 15.04.2016 and required to report at the allotted college on or before 22.04.2016. In the circumstances, the petitioner resigned and surrendered her All India seat MDS (Periodontia) which was earlier allotted to her at Nair Dental College and Hospital, Mumbai and submitted her fee at alloted college on 20.04.2016 and joined. Studies were commenced and the petitioner put in five days of study. Then, to her shock and surprise, she was served a copy of the impugned by the Principal, RUHS College of Dental Sciences informing her that she was allegedly not eligible to be admitted in the MDS (Pedodontics) against the State quota seat having passed her BDS examination from the Government Dental College, Amritsar instead from colleges affiliated or constituents of the RUHS or University of Rajasthan and therefore her admission was liable to be cancelled. Hence this petition.

(3.) Mr. S.P. Sharma, Sr. Advocate appearing with Mr. Abhishek Pareek, for the petitioner has submitted that the impugned is most arbitrary, unjust and destructive of the petitioner's right to be admitted to MDS (Pedodontics) and continue therein conferred upon her on admission offered and accepted. It was submitted that the respondents were well aware or should have been aware of the fact that she had passed the BDS examination from the Government Dental College, Amritsar affiliated to Baba Farid University of Health and Sciences, Punjab as it was clearly disclosed in the online application form for registration submitted by the petitioner. Mr. S.P. Sharma submitted that to avail the offer of allotment of a seat in MDS (Pedodontics) at the Government Dental College, Jaipur, the petitioner as a meritorious student having obtained 151st All India rank in AIPGDEE -2016 examination had given up admission to a All India quota seat allotted to her at Nair Dental College and Hospital, Mumbai in MDS (Periodontia). It was submitted that in the aforesaid facts, one way or the other, the respondents are estopped from cancelling the petitioner's admission to MDS (Pedodontics) at the Government Dental College, Jaipur as the petitioner cannot revert to avail her admission in MDS (Periodontia) at the Nair Dental College and Hospital, Mumbai. Mr. S.P. Sharma further submitted that even otherwise the order/letter dated 12.05.2016 is without any legal foundation inasmuch as as per the instructions booklet for State Medical & Dental PG seats online Allotments 2016 (hereinafter instructions booklet) no condition was prescribed that a candidate to be admitted to the MDS course must have passed the qualifying examination of BDS only from the colleges affiliated to or constituents of the University of Rajasthan or of the RUHS. It was submitted that the petitioner is a domicile of Rajasthan and took admission and passed out BDS from Government Dental College, Amritsar only for reason of the fortuitous circumstance of her father, an employee of Air Force having been at the relevant time posted at Amritsar. It was submitted that as a domicile of the State of Rajasthan, the petitioner should in any event be held eligible for a MDS seat in the State quota in Rajasthan. Mr. S.P. Sharma emphatically submitted that the petitioner is not guilty of any misrepresentation or fraud in obtaining admission in MDS (Pedodontics) at Government Dental College, Jaipur. The said admission was offered and availed on the strength of the petitioner's high merit in the AIPGDEE -2016 examination.