Sardana Vs. The State of Haryana & Ors  INSC 119 (23 January 1996)
S.C. (J) Sen, S.C. (J) Ahmadi A.M. (Cj) Paripoornan, K.S.(J) Sen. J
1996 AIR 1587 1996 SCC (2) 565 JT 1996 (1) 667 1996 SCALE (1)597
appellant, Puneet Sardana, was granted admission in the North Bengal College at Siliguri in the B.D.S course.
January, 1993 the appellant appellant passed the first professional examination
of the B.D.S.course at Siligure and secured 381 out of 600 marks. On the result
of this examination, the appellant sought for migration to Maharishi Dayanand
University at Rohtak and was granted admission to the B.D.S. course in D.A.V.
Centenary Dental Collage, Yamuna Nagar, against a vacant seat, the appellant,however,
wasted admission in the Dental college at Rohtak and, therefore, filed a Civil
Writ Petition in the High Court of Punjab and Haryana, praying for a direction
to the Maharishi Dayanand University to admit the appellant to the Dental college
at Rohtak on the basis of the marks obtained by him. This Civil Writ Petition
was allowed. The Principal, Dental College, Rohtak, decided to implement the
judgment of the Court and an office was issued on 27.12.1993 allowing the
appellant's application for migration to the Dental College, Rohtak. The appellant was directed
to deposit the college face for this purpose, which the appellant dead on that
On 15th February, 1994 the appellant made a representation
to the appellant Maharishi Dayanand University that he had in the meantime passed
the second year B.D.S Examination held the North Bengal Dental College at Siliguri and he should be
allowed exemption from appearing in the second year examination at the Dental College at Rohtak. On 22nd April,1994 the appellant was informed by a
letter written by the Maharishi Dayanad University that the appellant was exempted
from appearing in the second year B.D.S. Examination of the University. On 23rd February, 1995 an appeal against the order of the
Single Judge, preferred by the University, was allowed and the admission of the
appellant was cancelled.
be mentioned that the appellant had taken a point by filing a filing a Civil
Miscellaneous Application No. 1188 of 1994 that the letter Patent Appeal filed
by the University was was not maintainable, as it was not supported by decision
or resolution of the University nor was it accompanied by any power of attorney
on behalf of the University. No separate order was passed on this Miscellaneous
main issue involved in this case has already been discussed in Nitasha Paul's
case [Civil] Appeal No. -------- ---- of 1996 (Arising out of S.L.P. (C) No.
9776 of 1995) 1.
order of the appeal court has been set aside. The question now is to what
relief is the appellant entitled? The appellant has stated that his father is
an IAS officer of the West Bengal Cadre. He got admission in the North Bengal Dental College at Siliguri from which he passed both the first year and
the second year examinations. His application for migration to D.A.V. Centenary Dental College, Yamuna Nagar, was approved. He claims that he is a
resident of Haryana.
appellant cannot claim admission to a college of his own choice on the strength
of marks obtained at the first year B.D.S. Examination conducted by North Bengal University. The appellant's prayer for
admission to Dental College at Rohtak cannot be allowed. This order will not prevent
the appellant from continuing his studies at North Bengal Dental College at Siliguri or, if he is so
entitled even now, to seek admission to the D.A.V. Centenary Dental College, Yamuna Nagar, if a vacancy exists.
The appeals are disposed of accordingly.
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