Madhya Pradesh High Court
Aarshabh Shukla vs Mp Medical Science University Thr on 14 October, 2015
Author: Sheel Nagu
Bench: Sheel Nagu
1
W.P. No.6698/2015
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
DB: SHEEL NAGU & ROHIT ARYA, JJ
W.P. No. 6698/2015
Aarshabh Shukla & Anr.
Vs.
M.P. Medical Science University & Ors.
Whether reportable :- Yes / No.
____________________________________________________________
For Petitioner : Smt. Sudha C. Sharma, Advocate.
For Respondents : Shri Vivek Khedkar, Advocate.
ORDER
(Delivered on this Day of 14th October, 2015) Per Sheel Nagu, J.
In the present petition under section 226 of Constitution of India filed jointly by two petitioners, the prayer sought by the petitioners is as under :-
"1. That, this writ petition may be allowed.
2. That, respondent No. 1 be directed to issue admit cards /enrollment numbers to the petitioner without any further delay and before the commencement of the BDS First Year Examination, 2015 commencing on 30/09/2015.
3. That, in the alternative, if respondent No. 1 fails to issue the admit cards/enrollment numbers before BDS examination, 2015 commencing on 2 W.P. No.6698/2015 30/09/2015, the petitioners may be allowed to appear in the examination without any hindrance from any of the respondents.
4. That, respondents be directed to act in accordance with law and legality.
5. That, any other just, suitable and appropriate relief that may be deemed proper, may also be granted to the petitioners."
2. The petitioners who have passed 12 th Class Examination under 10 + 2 pattern seek admission to Bachelor of Dental Surgery (BDS) course for the Academic Session 2014-15 in terms of Admission Rules, 2008 framed by invoking section 12 of M.P. Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007.
3. It is undisputed fact that none of the two petitioners have appeared and passed the qualifying competitive examination of National Eligibility & Entrance Test (NE & ET) in terms of criteria fixed which after amendment to the BDS Course Regulation 2007 framed by the Dental Council of India and Admission Rules 2008 framed under the Adhiniyam, 2007 has become mandatory.
4. Thus, there is no manner of doubt that mere passing of Class XII examination does not make a person eligible for seeking entry into BDS course.
5. The aforesaid controversy has since been resolved by dismissing W.P.No.6637/2015 at admission stage by a detailed 3 W.P. No.6698/2015 order dated 06.10.2015.
6. In view of above, this petition also paves way of extinction in terms of order dated 06.10.2015 passed in W.P.No.6637/2015 which is adopted mutatis mutandis for deciding this petition.
7. Consequently in terms of order passed in W.P. No.6637/2015, this petition also stands dismissed.
No order as to cost.
(SHEEL NAGU) (ROHIT ARYA)
JUDGE JUDGE
Durgekar*