Dr. Romil
B. Shah & Ors Vs. The State of Gujarat & Ors [2006] Insc 447 (25 July 2006)
K.G.
Balakrishnan & D.K. Jain
(Arising
out of SLP [C] No. 11845 of 2006 AND CIVIL APPEAL NO. 3152 OF 2006 (Arising out
of SLP) No. 11851 of 2006] K.M. Shah Dental College .. Appellant The State of Gujarat & Ors. .. Respondents K.G. BALAKRISHNAN, J.
Leave
granted.
The
appellants in these two appeals challenge the judgment of the Division Bench of
the High Court of Gujarat.
K.M.
Shah Dental College, appellant in one of the two appeals herein, is a dental
college in the district of Vadodra in Gujarat.
They
held entrance examination for admission to the post- graduate course (M.D.S. in
all branches], for which an advertisement was published by them in two daily
newspapers on 17.6.2006. The last date for receipt of applications was
22.6.2006 and thereafter the entrance examination was held on 25.6.2006. Though
the counselling had been notified for 27.6.2006, the entire admission process
was completed on 26.6.2006 itself. According to the appellant-college, 24
students had sought admission, but only 23 students were selected. One of the
students who sat for the entrance examination filed a Special Civil Application
before the High Court of Gujarat challenging the process of selection followed
by the appellant-college. The learned single Judge directed that the
appellant-college shall not fill up the seats of the post-graduate course on
the basis of the common entrance examination held on 25.6.2006. The
appellant-college challenged the same in a writ appeal and the Division Bench
found that the common entrance examination conducted by the appellant-college
was not fair and transparent and non- exploitative and held that all the 23
seats will be filled up from the list prepared by the Gujarat University.
We
heard the appellant's counsel and counsel for the respondents. The counsel for
the appellant-college contended that the entrance examination was held in
accordance with law and the appellant-college being a single college was entitled
to conduct the entrance examination of its own based on the decision of this
Court in P.A. Inamdar vs. State of Maharashtra [2005] 6 SCC 537. Counsel for
the respondents on the other hand contended that even if it is assumed that the
appellant-college had the right to conduct the entrance examination, the
selection process was illegal and not fair to the students seeking admission.
The Division Bench in the impugned judgment has pointed out a series of
irregularities in the conduct of the entrance examination. The whole entrance
examination was done in a haphazard manner. The entrance examination was
advertised on 17.6.2006, the last date for receipt of applications was fixed as
22.6.2006 and the counseling was notified for 27.6.2006 whereas the counseling
was held on the previous day. It is also contended that some of the students
who sought admission were denied application forms, short date were given for
examination in order to prevent the candidates from submitting the applications
for examination. It is also alleged that the appellant-college was trying to
circumvent the directions contained in various decisions of this Court. The
appellant-college, on the other hand, contended that the whole process of
selection had to be conducted before 30th June, 2006 and hence short time was given for
submitting the applications.
On a
close scrutiny of the various dates as also the way in which the entrance
examination was conducted, we affirm the view held by the Division Bench that
the entrance examination was not fair and transparent. It is high time that the
Dental Council of India as well as the Medical Council of India may fix in
advance the approximate dates during which the entrance examination is to be
held by various colleges.
When
there is an outer limit fixed for the final admission of the students to
various courses, the Dental Council, the Medical Council and the All India
Council for Technical Education and such other authorities, which are
regulating the admission of students in various colleges, shall be careful in
seeing that irregularities are not committed in the matter of admissions.
These
institutions can fix in advance the dates of advertisement, availability of
application forms as also final receipt of application forms. For the purpose
of conducting the entrance examination, some approximate dates could be fixed
giving sufficient time for the colleges to regulate the admissions. As the
students have to compete in more than one examinations to secure admission in
one of the colleges, sufficient opportunity should be given to the colleges to
fix the date of entrance examination. If this regulatory mechanism is provided
for, there can be a final date for admission to each college.
In the
present case, though the entrance examination was not held in a proper manner,
we do not think that the Division Bench was justified in directing that the
entire 23 seats should be filled up from the list prepared by the Gujarat University. At least some of the students, if not all the 23 students
who got admission, may be meritorious for getting admission to the
post-graduate course. Their merit is to be assessed by a competent authority.
The counsel for the respondents submitted that there should be a fresh entrance
examination and that all these students should be given a chance to compete. We
are not inclined to accept the submission as all other students had appeared
for the entrance examination held by the Gujarat University.
In the
result, we direct that 24 applicants, who are stated to have applied pursuant
to publication of advertisement on 17.6.2006, shall be subjected to a fresh
merit-assessment test, to be conducted by the Head of the Department of
Dentistry of the All India Institute of Medical Sciences. All the modalities in
this behalf shall be worked out by the HOD in consultation with the
appellant-College. The Head of the Department of Dentistry at the AIIMS shall
give notice to all the applicants, whose addresses shall be furnished by the
College. The test shall be held at the earliest and the appellant-college shall
deposit a sum of rupees one lakh as initial expenses for conducting the said
test. If any other expenses are required to be incurred, the appellant- college
shall pay that amount also. If anyone or more of these 24 students is found
meritorious and eligible for admission to the MDS (Dental] by the HOD at the
AIIMS, the appellant- college is entitled to fill up the seats out of these 24
students available and if some seats are left over thereafter, the same shall
be filled up out of the list prepared by the Gujarat University for admission
to the post-graduate dental course. The last date fixed as 30th June, 2006 for admission to the post-graduate
courses, shall be waived in the case of these 24 students.
The
appeals are disposed of accordingly with no order as to costs.
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