Rajasthan High Court - Jaipur
Naved Ali And Ors vs Raj University Of Health Seci Ors on 7 September, 2012
Author: Ajay Rastogi
Bench: Ajay Rastogi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. S.B.CIVIL WRIT PETITION NO.12303/2011 Naved Ali & ors. Vs. Rajasthan University of Health Sciences and ors. DATE OF ORDER : 07/09/2012 HON'BLE MR. JUSTICE AJAY RASTOGI *** None present for petitioners. Mr.MA Khan, for respondents
None is present on behalf of petitioners even in the second round.
Instant petition has been filed by such of the petitioners who are students of BDS, however, failed in more than one subject in BDS Part-I and it has been prayed that the respondents have not permitted them to appear in BDS Part-II to which they were eligible under the law.
Mr.MA Khan, counsel for respondents placed before the Court a notification dt.25/08/2011 of Dental Council of India issued in exercise of powers conferred u/Sec.20 of the Dentists Act, 1948 and Clause 2(ii), relates to examinations. The extract is quoted ad-infra:-
(ii)Examination:
There is no change in syllabus upto 3nd year(2007) The following will be substituted at page No.4 of the Existing Regulations, 2007:
Any candidate who fails in one subject in an Examination is permitted to go to the next higher class and appears for the said failed subject and complete it successfully before he is permitted to appear for the next higher examination. However, the Dental Council of India would have no objection if the concerned University follows their examination scheme provided in their statute/regulations.
It envisages that such of the candidates, who failed in one subject in the examination, can be permitted to appear in next higher class and as a consequence thereof, those, who failed in more than one subject, obviously are not eligible to be promoted in the next higher class.
In view of the notification of Dental Council of India (supra), which has been followed by the respondents and when the petitioners have failed in more than one subject in BDS Part I Examination, indisputably, are not eligible to seek permission of this Court to appear in BDS Part II.
In view thereof, the instant writ petition, being devoid of merit, it hereby dismissed.
[AJAY RASTOGI],J.
Raghu/p.2/12303-CW-2011-Final.doc Certificate:-All corrections have been incorporated in the judgment/order being emailed/Raghu,PAJ