PANINDER BAWEJA Vs. STATE OF H.P.
LAWS(HPH)-1997-10-5
HIGH COURT OF HIMACHAL PRADESH
Decided on October 27,1997

PANINDER BAWEJA Appellant
VERSUS
STATE OF H.P. Respondents


Referred Judgements :-

UNNI KRISHNAN J P VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

KAMLESH SHARMA, J. - (1.)The petitioner was a candidate for admission to B.D.S. course in the Session 1997 -98 in Himachal Dental College, Sundemagar District Mandi against die payment seats. His grievance in the present petition is that respondent Nos. 1 and 2 are adopting two criteria for filling in free seats and payment seats in violation of the scheme approved by the Supreme Court of India in Unni Krishanan, State of Andhara Pradesh (1993) 1 SCC 645 and the directions issued by this Court in CWP. No. l 703 of 1996 titled Manisha Gupta v. State of Himachal Pradesh and others.
(2.)The Himachal Pradesh University -respondent No.2 in its reply filed on the affidavit of Shri A.R. Chauhan, Controller of Examinations, has almost admitted the case of the petitioner by stating that since a mistake had crept in the prospectus wherein no mention was made in respect of the payment seats a corrigendum was issued in the press on 28th June, 1997 (Annexure P -l) and common entrance test was conducted for the free seats as well as the payment seats. The University -respondent No.2 has categorically stated that the admission to the payment seats is to be given out of the merit list prepared by it on the basis of common entrance examination.
(3.)However, the State of Himachal Pradesh in its reply filed on the affidavit of Shri Rattan Singh, Joint Secretary (Health) to the Government of Himachal Pradesh, has opposed this writ petition and has averred that the common entrance test was conducted only for 30 free seats which was notified in the prospectus issued on 29.6.1997. It is also stated that the University is ; not the competent authority and it was never authorised to conduct any test or to undertake admission to 21 payment seats in Himachal Dental College. Sundernagar he is further stated that the merit list of 50 candidates for B.D.S. bourse against 21 payment seats has already been prepared on the basis of 10+2 examination and submitted by Director. Dental Health Services to the Government and admission will be made out of the said list strictly on merit. The petitioner who has obtained only 55% marks, does not figure in ˜the merit list .he last candidate at serial No.50 has obtained 72% marks.


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