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| HC stays JU’s communication on Dental College students | | | Early Times Reporter
Jammu | Sep 25]
Challenging the Jammu University’s communication that 88 candidates admitted by the Institute of Dental Sciences, Sehora in the BDS courses, can not be registered by the University without conducting an entrance test, as was required under the Dental Council of India guidelines, Justice Hakim Imtiyaz Hussain of J&K High Court Jammu wing in the interim relief, has ordered that communication impugned shall remain in abeyance till the matter is finally heard.
In the petition it has been submitted that institute applied on November 29, 2005 to the respondents for grant of permission to establish a Dental College with 100 admissions for academic session 2006-2007, the case was referred to the Dental Council of India for verification as required under the regulations. The inspection of the college was conducted on September 14, 2006 in pursuance to the Apex Court order dated September 8, 2006 in a petition filed by the Trust and no objection to establishment of the college was given by the Council on September 17, 2006. Formal permission was given by the Central Government on September 28, 2006 under which the process of admission to BDS course was to be completed by September 30, 2006; however, cut off date was extended to October 15, 2006. The extension in time was granted as the matter along with other connected matters were under the consideration of the Apex court on the petitions filed by various institutions. Meanwhile the BOPEE published a list of 40 candidates and 25 wait list students on October 11, 2006 who had applied for payment seats in the petitioner’s institute. Out of these, only 12 candidates reported for admission.
Since the permission to run the college was for 100 seats, the remaining 60 seats fell within the management quota which included NRI quote too. The petitioners in order to fill-up the 60 seats from management quota and 28 left over seats (out of the 40 seats for which candidates selected by the BOPEE) initiated a selection process with issuance of a notification and issued a list of 88 selected candidates on October 13, 2006 for admission to BDS first year course. The selection of the candidates was made on the basis of marks in the qualifying examination. The candidates, on the basis of the selection made by the petitioner paid the requisite fee and joined the classes.
Vide communication dated August 22, 2007 University of Jammu informed the petitioner that 88 candidates admitted by the petitioner in the BDS course cannot be registered by the University as these candidates have been admitted without conducting an entrance test as was required as per guidelines of the Dental Council of India. The Institute aggrieved of the communication issued by the Jammu University has challenged the same in the present petition.
Justice Hakim Imtiyaz Hussain after hearing both the sides observed that Sr. Adv UK Jalali appearing for the petitioner and Adv. W S Nargal appearing for the University of Jammu observed that on consideration of the pleas raised by the rival contentions, Court is of the view that the matter needs consideration on the basis whether the petitioner could not conduct the selection test due to the inordinate delay caused by the concerned authorities, if so will it give a right to the petitioner to select the candidates in the manner other than what is provided by the regulations.
Justice Hussain further observed that since the communication impugned is likely to adversely effect the concerned students also, Court feels it just and proper to hear the students also on the issue. The views of the state Government and the Dental Council of India are also required to be obtained and considered in the matter. The petition is admitted to hearing with the direction that 88 candidates admitted by the Institute in BDS course on the basis of marks in qualifying examination arrayed as respondents and also state of J&K and Dental Council of India are arrayed as respondent in the petition, the Court ordered and directed to issue notice to all the respondents including the newly added respondents for filling counter within 6 weeks, thereafter rejoinder within two weeks. In the CMP Court further observed that since material issues arise for the determination and the main petition stands admitted to hearing, court find the petitioners are prima-facie entitled to interim relief and accordingly the communication shall remain in abeyance till the matter is finally heard. This order shall not, however, confer any right on the candidates concerned to pursue the studies or claim any benefit out of it, if on final consideration of the matter, the petitioners are found not entitled to any relief. They shall file an undertaking stating that they pursue the studies at their own risk and responsibility that they shall not claim any right or benefit out of it, if the present petition is dismissed on merits. The undertaking shall be filed before the respondent University and only on filling such undertaking the cases for their regularization shall be processed by the University which shall remain subject to the final outcome of this petition; Court clarified for the knowledge of the candidates concerned. JNF
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