Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 950-Art.32-Admission in Dental Col/ege- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950 - Art.32 - Admission in Dental College - On default of payment of fee by candidate, vacancy arose-Respondent 6 was present and was granted admission-Petitioner who was senior to Respondent 6 in wait-list was not present and hence not granted admission - Writ of mandamus to authorities for admission - Maintainability of - Held, Not maintainable - At this stage admission of respondent 6 cannot be cancelled - Since petitioner was not present on the date of admission it would not be appropriate to award compensation to him in exercise of extraordinary powers under Art.32 - It is however open to petitioner to take appropriate proceedings in accordance with law - Education/Educational institutions. The present petition is filed for writ of mandamus seeking direction to the State and other respondent authorities to grant admission to the petitioner in BDS in open category in Governmental Dental College respondent no. 8 for the academic year 2004-05. The petitioner's case is that respondent No. 2 - University invited applications for 'Common Entrance Examination 2004' (CEE) for admission to MBBS/BDS in medical/dental colleges/institutes of the State of Haryana. Petitioner applied for aforesaid examination and appeared on June 21, 2004. On June 28, 2004, respondent No.2 notified the result of CEE on Notice Board. Though the Prospectus provided that result would be notified to the candidates individuality by UPS post, the petitioner was not intimated. He, however, found out from the internet that he had secured 128 marks out of 180 marks and was ranked at Sl.No.418 in the open category. He came to know that the counselling was to be held at Rohtak on August 9, 2004. He attended the counselling and submitted all his certificates, marks-sheets etc. He, however, found that he had been arbitrarily placed at rank No. 423 instead of 418. The petitioner initially opted for MBBS course in any of the medical colleges mentioned in the Prospectus. Alternatively, however, he opted for BDS course in Government Dental College, Rohtak,Since the petitioner was informed that there were no seats available in MBBS anywhere or in BDS course in Government Dental College, Rohtak, he was constrained to opt for BDS course in a private Dental College, i.e. M.M. College of Dental Science & Research, Mullana. Petitioner attended the second and the third counselling. On 17.10.2004, he came to know that though respondent no.6 had secured rank No.442, she had been granted admission and petitioner who ranked at SI.No. 423 was denied admission.Petitioner contended that action of authorities and respondent No.9 was malicious and mala fide and back door entry was given to respondent No. 6 on extraneous considerations. Aggrieved, petitioner filed the present writ petition. The Authorities contended that the impugned action could not be said to be contrary to law. Since the petitioner neither 'waitlisted' himself nor was present on September 30, 2004, admission was granted to respondent No.6. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 23 |
Petitioner | Vikram Dhillon |
Respondent | State Of Haryana & Ors. |
SCR | [2007] 1 S.C.R. 297 |
Judgement Date | 2007-01-10 |
Case Number | 652 |
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