Gujarat High Court
Aditya Rambhai Sharma vs Government Dental College And Hospital on 9 April, 2018
Author: C.L. Soni
Bench: C.L. Soni
C/SCA/18855/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18855 of 2017
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ADITYA RAMBHAI SHARMA
Versus
GOVERNMENT DENTAL COLLEGE AND HOSPITAL
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Appearance:
MR KUNAL NAIK, ADVOCATE with MR UTSAV P PARIKH(8223) for the
PETITIONER(s) No. 1
MR SHIRISH GOHIL,ASSTT GOVT PLEADER(1) for RESPONDENT(s) No. 1
MR DEVANG VYAS(2794) for the RESPONDENT(s) No. 4
MR. KM ANTANI(6547) for the RESPONDENT(s) No. 3
MRS VD NANAVATI(1206) for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 09/04/2018
ORAL ORDER
[1] This being the student matter, it is heard for final disposal with the consent of the learned advocates appearing for the respective parties.
[2] Following are the prayers made in para-10 of the present petition filed under Article 226 of the Constitution of India.
(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, holding and directing that the respondent no.1 to register the petitioner for Master of Dental Surgery (Oral and Maxillofacial Surgery) Course with respondent no.1.
(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, holding and directing that the respondent No.1 to register the petitioner for Master of Dental Surgery (Oral and Maxillofacial Surgery) Course with respondent No.1 (C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, holding and directing that respondent No.1 to allow the petitioner to pursue him Page 1 of 17 C/SCA/18855/2017 ORDER Master of Dental Surgery (Oral and Maxillofacial Surgery) Course and attend the respondent college as a student of Master of Dental Surgery (Oral and Maxillofacial Surgery) Course.
(D) Pending hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to direct the respondents to keep one seat of Master of Dental Surgery (Oral and Maxillofacial Surgery) Course vacant during the pendency of the petition in respondent No.1 college.
(DD) Pending hearing and final disposal of the captioned petition, YOUR LORDSHIPS may be pleased to direct respondent college to allow the petitioner to attend the classes and/or pursue the Master of Dental Surgery (Oral and Maxillofacial) Course, submit his topic of dissertation in respondent college subject to final outcome of the captioned petition.
(E) YOUR LORDSHIPS may be pleased to grant an ex-parte ad-
interim relief in terms of Para 10(D) above.
(F) YOUR LORDSHIPS may be pleased to grant any other and further reliefs as may be deemed just and proper in the interest of justice and fitness of things.
[3] As stated in the petition, the petitioner is a qualified dentist and registered as a dentist in the Gujarat State Dental Council. After completion of his study from Karnavati Dental College, Gujarat University in the year 2013, he was awarded Degree of Bachelor of Dental Surgery. For higher education, he appeared in National Eligibility - Cum - Entrance Test (NEET) on 01.12.2016. After appearing in the NEET, he was selected for grant of short service commission for a period of five years in Army Dental Corps in the rank of captain as a Dental Officer and he joined Army services on 28.12.2016 with Military Dental Center, Nasirabad. In NEET result, he secured All India rank 355 and 8th rank in state merit list. On declaration of NEET result, he submitted resignation application dated 01.03.2017 to resign from Army service stating that he intended to pursue higher studies and requested to immediately relieve him from duty. Being qualified to be admitted in the postgraduate- MDS course, he applied to the respondent Page 2 of 17 C/SCA/18855/2017 ORDER no.3- Admission committee. The respondent no.3 allotted him seat in subject of Periodontics- MDS in respondent no.1- college, pursuant to which, he deposited required tuition fees with the respondent no.1 - college. Thereafter, reshuffling of admission took place on 29.05.2017, and in new list of admitted students, he was admitted in Oral and Maxillofacial Surgery- MDS in respondent no.1- college. As stated by him, he immediately reported to the college to complete necessary procedural formalities and also deposited the fees with all the original documents including mark- sheets and certificates and filed undertaking to the effect that he will pursue the course as per prevailing guidelines with respondent no.1 - college. It is alleged by the petitioner that though as per the guidelines issued by respondent no.4- Dental Council of India (DCI), the college was duty bound to register him as its student with respondent no.2 university on or before 20.06.2017, however, the college deferred making of such registration. The petitioner has stated that though his resignation was accepted on 04.07.2017, he was relieved officially from Army Dental Corps on 11.08.2017. The petitioner has referred to the attempts made by him by addressing the representations to the college to permit him to join the course, however the college informed him of its decision vide communication dated 27.09.2017 that it has not registered him as student. Aggrieved by such decision, the petitioner has come before this Court by the present petition.
[4] Learned advocate Mr. Kunal Naik with learned advocate Mr. Parikh for the petitioner submitted that the petitioner is a meritorious student, who with acute desire to pursue / prosecute postgraduate study, appeared in NEET and came out with flying marks securing him higher rank in all India NEET. Mr. Naik submitted that after appearing in NEET, the petitioner got an opportunity to serve Army Dental Corps in the rank of captain, and Page 3 of 17 C/SCA/18855/2017 ORDER joined such service, however, when he was qualified to be admitted in postgraduate course (PG course), he sent his resignation letter to relieve him as early as possible from Army service but could not get himself immediately relieved from such service. Mr. Naik submitted that due to higher merits of the petitioner, in reshuffling, he was allotted seat in the subject of Oral and Maxillofacial Surgery in PG studies. Mr. Naik submitted that the petitioner paid his fees, reported to the college and even filed undertaking as required under the guidelines issued by respondent no.4. Mr. Naik submitted that though the petitioner had keen desire to prosecute / pursue his further studies; however for the circumstances beyond his control, he could not physically join the concerned department in the college. Mr. Naik submitted that the petitioner's conduct of immediately sending his resignation on 01.03.2017 to resign from the Army Dental Corps shows that he never intended not to join the PG course. Mr. Naik submitted that once the petitioner was allotted seat in PG course by respondent no.3- admission committee, respondent no.1 was duty bound to register him as postgraduate student, however, simply on the ground that the petitioner did not physically join the college, he is being deprived of his right to pursue / prosecute his further studies. Mr. Naik submitted that it is not the case where the petitioner shall be required to be given admission after cutoff date, but it is a case where the circumstances for which the petitioner could not physically join the college need to be considered and if so considered, the petitioner could be permitted to take his study in postgraduate from the academic year 2018-19 as registered student for the academic year 2017-2018 which would not disturb the quota of seats for the academic year 2018-2019.
[5] Learned advocate Ms. Nanavati appearing for respondent no.2 - University submitted that neither respondent no.1 nor respondent no.2 - University could be said to be at fault in not Page 4 of 17 C/SCA/18855/2017 ORDER registering the petitioner as student for PG course, but since the petitioner did not join the department in the PG course within time limit as required, he could not be included in the list of admitted students for registration in PG course. Ms. Nanavati submitted that the petitioner was granted provisional admission and after getting the provisional admission, since he failed to adhere to the terms and conditions of the admission and to the guidelines for prosecuting the PG study, he cannot make grievance against his non registration as student of PG course. Ms. Nanavati submitted that the petitioner cannot claim as a matter of right that he was entitled to be registered as permanent student of the PG course when he failed to join the study in the college. Ms. Nanavati submitted that as per the direction of the Hon'ble Supreme Court, every medical college is strictly required to abide by the time schedule for admission of the students in different medical courses and no student is entitled to get midstream admission. She submitted that when the petitioner failed to join the department in the college, there was no question of failure of the respondent no.1 or the respondent no.2 in not registering him as student for the PG course. She submitted that the petitioner is otherwise responsible for delay and latches on his part in not availing immediate remedy on the grievance voiced by him in the petition and is therefore not entitled to invoke extraordinary powers and jurisdiction of this court under Art.226 of the Constitution.
[6] Learned Assistant Government Pleader Mr. Gohil appearing for respondent no.1 submitted that the petitioner was granted provisional admission under the State quota but had not joined the department in the college. He submitted that since, the petitioner did not join the college after granting provisional admission to him; he was not entitled to be registered as student for postgraduate studies. He submitted that the college could forward names of only those students for registration in postgraduate studies who joined Page 5 of 17 C/SCA/18855/2017 ORDER the department. He submitted that the petitioner having failed to comply with the requirement / instructions to join the course within stipulated time limit and consumed long time therefore does not deserve any relief to be granted by this Court in exercise of power under Article 226 of the Constitution.
[7] Learned advocate Mr. Antani appearing for respondent no.3 has adopted the arguments made on behalf of respondents no.1 and 2. Learned advocate Mr. Amin appearing for respondent no.4 submitted that as per the stand taken in the affidavit-in-reply filed on behalf of respondent no.4, since, the petitioner did not join the concerned department of the college on or before 07.06.2017, respondent no.1- college has not registered the name of the petitioner for postgraduate studies and since, there is no registration in the name of the petitioner for postgraduate course and since, cutoff date for the purpose of admission has gone, at this stage, the petitioner could not be now registered as student for the postgraduate studies. Mr. Amin submitted that minimum attendance required of every student in each Academic Year will be of 80% which the petitioner would not achieve, as major portion of the course in first year is over and allowing the petitioner to be admitted in academic year 2017-2018 will be in the breach of time schedule provided by the Hon'ble Supreme Court for medical courses.
[8] The Court having heard learned advocates for the parties finds that in the NEET result, the petitioner secured higher rank in merits. However, before declaration of the NEET result, since, the petitioner was selected for grant of short service commission in Army Dental Corps, he joined the said commission pursuant to the call letter dated 07.12.2016 from the Defense Ministry to report for duty and as per the order dated 08.12.2016, copy of which is Page 6 of 17 C/SCA/18855/2017 ORDER placed at page-25, he was posted to Military Dental Centre, Nasirabad as Dental Officer in the rank of captain. But on declaration of NEET result on 28.02.2017, the petitioner immediately sent his resignation letter 01.03.2017 to resign from Army service with a request to relieve him as early as possible. But then, based on the merit in NEET, the petitioner got provisional admission in respondent no.1 - college for the postgraduate studies in the subject of Periodontics - MDS under the provisional allotment order dated 07.05.2017. As per the provisional allotment order, the petitioner was required to join the respondent no.1 - college within seven days from the date of admission. However, in reshuffling, due to the higher merits, the petitioner was given provisional admission in the subject/branch of Oral and Maxillofacial Surgery-MDS under the provisional allotment order dated 29.05.2017, copy of which is placed at Annexure-J (page no.42). As per one of the conditions of this order also, the petitioner was required to join the college on the date of the order. It is required to note that both the provisional allotment orders provided for the condition that the course is full time course and the candidates shall not indulge in any type of private practice or employment of any nature (part-time, paid or stipendiary or unpaid) during the course. It is specifically provided therein that if violation of any condition is detected any time after the admission, the admission and registration of the petitioner shall be cancelled without any notice. It appears that after second provisional allotment order was issued to the petitioner, he gave undertaking dated 01.06.2017 stating that he has read and understood all the rules and regulations of postgraduate dental admission 2017 of Gujarat University and is not engaged in any postgraduate course in any institute and will not continue / join any other institute or hospital or any job once he joined PG course i.e. from 01.06.2017 to Page 7 of 17 C/SCA/18855/2017 ORDER 31.06.2020 or till his PG course is completed. Though, when such undertaking was given, the petitioner did not disclose about his employment with the Army Dental Corps, however, the fact remains that much before he was granted provisional admission, he had sent resignation to relieve him from Army service as early as possible. His resignation letter did not see the light of approval till 4th July, 2017 when the competent authority by order dated 04.07.2017 granted approval with specific instructions that the petitioner be relieved from military service as early as possible, but not later than 03.10.2017. Annexure-N is the copy of such order. The petitioner was then relieved from military service on 11.08.2017. As stated above, as per the second provisional allotment order, the petitioner was required to join the course with the respondent no.1 - college, on the very day when he was admitted in the PG course in the subject of Oral and Maxillofacial Surgery i.e. on 29.05.2017. Therefore, by the time, the petitioner was relieved from military service, the period of nearly two months in the PG studies already passed. His representation dated 28.08.2017 to respondents to permit him to join the class was not immediately responded. He made another representation dated 21.09.2017 to respondent no.1-college. However, it was in the context of the first representative dated 28.08.2017, respondent no.1 - college intimated to the petitioner that since the petitioner had not joined department and since last date for uploading the details of MDS students was 07.06.2017, his name was not uploaded in the list. Left with no option, the petitioner has come before this court with present petition, which was filed on 07.10.2017. From 11/12.08.2017, when the petitioner was relieved from the Army Dental Corps, till now when the petition is being decided, about nine months have passed Thus major part of the PG studies for academic year 2017-2018 has passed. In such facts Page 8 of 17 C/SCA/18855/2017 ORDER situation vis-a-vis the circumstances put forth by the petitioner for not being able to immediately join the course, the Court is to examine whether the petitioner deserves to be granted any relief in exercise of the powers under Article 226 of the Constitution.
[9] In the case of Medical Council of India Vs. Madhu Singh and others, reported in (2002) 7 SCC 258, the Hon'ble Supreme Court has observed in para - 22 and summarized its conclusion on admission to the medical colleges in different courses, both pre- graduate and postgraduate in para-23 as under:
22. It is to be noted that if any student is admitted after commencement of the course it would be against the intended objects of fixing a time schedule. In fact, as the factual positions go to show, the inevitable result is increase in the number of seats for the next session to accommodate the students who are admitted after commencement of the course for the relevant session. Though, it was pleaded by learned counsel for respondent No.1 that with the object of preventing loss of national exchequer such admissions should be permitted, we are of the view that same cannot be a ground to permit mid- stream admissions which would be against the spirit of governing statutes. His suggestion that extra classes can be taken is also not acceptable. The time schedule is fixed by taking into consideration the capacity of the student to study and the appropriate spacing of classes.
The students also need rest and the continuous taking of classes with the object of fulfilling requisite number of days would be harmful to be students' physical and mental capacity to study. In fact such a suggestion was held to be grossly inappropriate in Dr. Dinesh Kumar's case (supra). In paragraph 15, it was observed as under: (SCC p.130) "The next question is as to when should the examination be held. Learned counsel for the Union of India as also the Indian Medical Council suggested that it could be done in October this year so that the candidates selected at the entrance examination could join the 1987-88 session from November. In most of the colleges, admission in respect of 85 per cent seats has been completed and actual teaching has either begun or is about to begin. By November a substantial part of the course would have been read. To meet the situation, learned counsel for the Union of India suggested that we should direct the colleges and institutions to have a supplementary course for the students admitted against the 15 per cent vacancies. In the absence of consent from the institutions, it would be difficult to work out that.
Page 9 of 17 C/SCA/18855/2017 ORDERAs it is, there exists a lot of confusion in the field and we do not propose to add to it by giving a direction of the type proposed. On the other hand it would be appropriate to bring the scheme into operation from the coming year so that all the preliminaries can be properly conducted and in regular course the students can seek admission to the 1988- 89 session. We accordingly direct the authorities to hold the examination in the manner directed, in June (sic May) 1988. The Union of India, the Medical Council the Dental Council, the several States, Universities and Medical Colleges or institutions who are covered by the scheme are directed to comply with these orders in time so as to give full effect to what has been said here." (underlined for emphasis)
23. There is, however, a necessity for specifically providing the time schedule for the course and fixing the period during which admissions can take place, making it clear that no admission can be granted after the scheduled date, which essentially should be the date for commencement of the course.
In conclusion:
(i) there is no scope for admitting students mid-tream as that would be against very spirit of statutes governing the medical education;
(ii) even if, seats are unfilled that cannot be a ground for making mid session admissions;
(iii) there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year;
(iv) the MCI shall ensure that the examining bodies fix a time schedule specifying the duration of this course, the date of commencement of the course and the last date for admission;
(v) different modalities for admission can be worked out and necessary steps like holding of examination if prescribed, counseling and the like have to be completed within the specified time;
(vi) no variation of the schedule so far as admissions are concerned shall be allowed;
(vii) in case of any deviation by the concerned institution, action as prescribed shall be taken by the MCI.
[10] In the case of Himachal Pradesh Public Service Commission Vs. Mukesh Thakur and another reported in (2010) 6 SCC 759, the Hon'ble Supreme Court has held and observed in para-23 as under:
23. The situation will be entirely different where the court deals Page 10 of 17 C/SCA/18855/2017 ORDER with the issue of admission in mid-academic session. This Court has time and again said that it is not permissible for the Courts to issue direction for admission in mid-academic session. The reason for it has been that admission to a student at a belated stage disturbs other students, who have already been pursuing the course and such a student would not be able to complete the required attendance in theory as well as in practical classes. Quality of education cannot be compromised. The students taking admission at a belated stage may not be able to complete the courses in the limited period. In this connection reference may be made to the decisions of this Court in Dr. Pramod Kumar Joshi Vs. Medical Council of India & Ors., State of Uttar Pradesh & Ors. Vs. Dr. Anupam Gupta etc., State of Punjab & Ors. Vs. Renuka Singla & Ors., Medical Council of India Vs. Madhu Singh & Ors., and Mridul Dhar (Minor) & Anr. Vs. Union of India.
[11] In the case of Asha Vs. PT. B. D. Sharma University of Health Sciences and others reported in (2012) 7 SCC 389 , the Hon'ble Supreme Court has held and observed in para-23, 30 to 32 as under:
23. Adherence to the schedule is the obligation of the authorities and the students both. The prescribed schedule is to be maintained stricto sensu by all the stakeholders because if one party adheres to the schedule and others do not or there is some kind of lack of communication or omission to make proper announcements and maintain proper records for such counseling, disastrous results can follow, of which the present case is an apt example.
30. There is no doubt that 30th September is the cut-off date.
The authorities cannot grant admission beyond the cut-off date which is specifically postulated. But where no fault is attributable to a candidate and she is denied admission for arbitrary reasons, should the cut-off date be permitted to operate as a bar to admission to such students particularly when it would result in complete ruining of the professional career of a meritorious candidate, is the question we have to answer.
31. Having recorded that the appellant is not at fault and she pursued her rights and remedies as expeditiously as possible, we are of the considered view that the cut-off date cannot be used as a technical instrument or tool to deny admission to a meritorious students. The rule of merit stands completely defeated in the facts of the present case. The appellant was a candidate placed higher in the merit list. It cannot be disputed that candidates having merit much lower to her have already been given admission in the Page 11 of 17 C/SCA/18855/2017 ORDER MBBS course. The appellant had attained 832 marks while the students who had attained 821, 792, 752, 740 and 731 marks have already been given admission in the ESM category in the MBBS course. It is not only unfortunate but apparently unfair that the appellant be denied admission.
32. Though there can be rarest of rare cases or exceptional circumstances where the courts may have to mould the relief and make exception to the cut-off date of 30th September, but in those cases, the Court must first return a finding that no fault is attributable to the candidate, the candidate has pursued her rights and legal remedies expeditiously without any delay and that there is fault on the part of the authorities and apparent breach of some rules, regulations and principles in the process of selection and grant of admission. Where denial of admission violates the right to equality and equal treatment of the candidate, it would be completely unjust and unfair to deny such exceptional relief to the candidate. (Refer Arti Sapru and Others v. State of J & K, Chhavi Mehrotra v. DG, Health Services and Aravind Kumar Kankane v. State of U.P.) [12] As observed by the Hon'ble Supreme Court in above decisions, when the time schedule for admission is fixed, there is no scope for admitting student in midstream as that would be against the very spirit of statute and rules governing to the medical educations unless in exceptional circumstances, the court may mould the relief. When the student is to complete the required attendance in the classes, the student admitted at belated stage may not complete the course in limited period and the quality of the education cannot be compromised. However, if the student is meritorious but placed in the circumstances not under his control and not at fault in not adhering to time schedule, the court need to consider the facts and circumstances to decide whether such student deserves to be granted any relief in exercise of powers under Art. 226 of the Constitution though no fault could be attributed to the institutions or the authorities.
[13] In the case on hand, the petitioner was already given the provisional admission and he had also paid fees for academic 2017- 2018 for MDS (Oral and Maxillofacial Surgery). Therefore, it is not a case where the petitioner was denied admission and now, after Page 12 of 17 C/SCA/18855/2017 ORDER cutoff date, he will be required to be given midstream admission, but, here is a case where the petitioner was though given admission on the basis of his higher merits in MDS, however denied registration as PG student on the ground that he did not join the college immediately after he was given provisional admission by respondent no.3- admission committee. As stated above, the course in which the petitioner was admitted is a full time course and as per the condition of the provisional allotment order, the petitioner was not to indulge in any type of private practice or employment of any nature and was required to join the course immediately and if violation of any condition is detected, at any time after the admission, his/her admission and registration for the course could be cancelled without any notice. It is not a case of cancellation of registration but of not registering the petitioner as student of respondent no.1 college and not including the petitioner in the list of the students admitted in MDS course and uploaded on the website of the respondent no.4-DCI. The stand taken by the DCI in its affidavit is that as per Hon'ble Supreme Court directives, midstream admission is not permissible and petitioner since did not join the classes in time, he cannot be permitted to join the classes midstream. Such is the stand of other respondents. It could not be disputed that the petitioner is a meritorious student. However, in his zeal not to waste the opportunity to join Army service till another opportunity could knock his doors to fulfill his desire for further studies, he grabbed such opportunity and joined Army service. But at the time of joining Army service, he would not have known that even after getting admission in PG course, he would be failing in joining actual studies for not getting himself relieved though his resignation spoke that he wanted to be immediately relieved to join the PG classes. Should not such pecca-dillo situation and unavoidable circumstances of the petitioner be considered as exceptional to mould the relief for the petitioner by directing the respondent to allow the petitioner to take his PG Page 13 of 17 C/SCA/18855/2017 ORDER studies from the academic year 2018-19 till he completes his three years PG Studies by treating him as the registered student in the respondent no.1 college in MDS-Oral and Maxillofacial Surgery for academic year 2017-18. The documents annexed with the petition go to show that till the petitioner got provisional admission in MDS (Oral and Maxillofacial Surgery) in respondent no.1 college on 29.05.2017, he was not relieved from the Army service. Ultimately, he was relieved in the month of August, 2017 i.e. on 11.08.2017. Though it could be said that when the petitioner got admission in PG course, his employment with Army continued, and the petitioner even did not take immediate action after he was relieved from Army service except that he made representations to the respondent no.1 requesting the institute to permit him to join the course in the college, however the question is whether for the circumstances in which the petitioner could not immediately join the classes for PG course, should he be now allowed to join such course though major part of the study in academic 2017-2018 is over. The respondents could not be said to be either at fault or acted arbitrarily in not including the petitioner in the list of the students uploaded for MDS course and when major part of the course is over, the petitioner cannot be allowed to join the class in current academic year. However, consideration of the matter does not stop here. As provided in Dental Council of India revised MDS Course Regulations, 2007, all the candidates for the degree of MDS are required to pursue / prosecute the prescribed course for at least three academic years as full time candidates in institute recognized by the DCI. To become eligible to appear for final examination, every candidate is required to fulfill minimum attendance prescribed DCI and respective university, which as stated in the regulations, is 80% during each academic year of the PG course. Though final examination is taken at the end of three years course but the candidate is given maximum six years time period for passing out the MDS course from the date of admission Page 14 of 17 C/SCA/18855/2017 ORDER in the course as provided in the regulations called as Dental Council of India Master of Dental Surgery Course Regulations, 2017. The question is, when the final exam is only on completion of three years course, for which six years time period is available to pass out and when strictly it is not the case for grant of midstream admission, if the petitioner is considered to be the student registered in MDS course for academic year 2017 - 2018 and allowed to take his three years studies from the academic 2018- 2019 and onwards till he completes three years studies without disturbing the quota of the seats for such next academic year , will it run contrary to the time schedule set by the Hon'ble Supreme Court or his case could be considered as exceptional to mould the relief to be granted to him.
[14] Here is the case where a meritorious student who stood at 8th rank in general state merit and 3rd in Gujarat University merit was unable to physically join the course after getting provisional admission because he could not get himself relieved from Army services though immediately after declaration of NEET result and at least, two months before he was provisionally admitted in PG course, he sent his resignation to resign from the Army services by clearly stating that he wished to pursue his higher studies and for that purpose, he wanted to resign from the Commission at the earliest. If his resignation was immediately accepted, he could have joined the PG course and could have been in a position to complete 80% of the attendance required for the first Academic Year. One of the conditions of provisional admission order was not to indulge in any type of private practice or employment of any nature. However, such condition is to be considered in the facts of the case, in as much as, against the desire of a candidate to pursue PG course and to resign from the employment much before the admission in PG course is granted, if the candidate is not getting relieved from the service, like the Army service, it would be difficult for him to Page 15 of 17 C/SCA/18855/2017 ORDER comply with such condition. The petitioner, being meritorious, was at the doorstep to get into actual study in the PG course. This petition has remained pending from the month of October 2017. The court finds that the facts and circumstances of the case stated above could be considered exceptional which call for exercising of powers under Art. 226 of the Constitution to issue appropriate directions to the respondents No. 1, 2 and 4 to allow the petitioner to take study as First Year student from academic year 2018-2019 by treating him as student registered in MDS course for academic year 2017-18 and then to allow him to complete three years study for the purpose of becoming eligible to appear in the final examination. Having thus considered the matter, the Court finds that the respondents are required to be directed to treat the petitioner as a student registered for MDS course in the subject/branch of Oral and Maxillofacial Surgery for academic year 2017-2018, and without disturbing the quota for seats of the academic year 2018-2019 to permit the petitioner to take study as First Year student from the academic year 2018-2019 and to allow him to complete his three years studies in MDS course and on his complying with all requirements for the purpose of becoming eligible to appear in the examination, to allow him to appear in the final examination on completion of the studies in MDS course in the said subject.
[15] For the reasons stated above, the petition is finally disposed of with following directions:-
(a) The respondents No.1, 2 and 4 are directed to register the petitioner as student for MDS course in the subject/branch of Oral and Maxillofacial Surgery in and from the academic year 2017-2018 and to allow him to take study of the said course from the academic year 2018-2019 to complete his three years studies in the said course.
Page 16 of 17 C/SCA/18855/2017 ORDER(b) On petitioner completing his three years course and complying with all requirements during such three years course and becoming eligible to appear in the final examination, at the end of three years course, the respondents No.1, 2 and 4 shall allow him to appear in the final examination of MDS course.
Direct Service is permitted.
(C.L. SONI, J) OMKAR Page 17 of 17