MOBEL Vs. STATE OF HARYANA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
STATE OF HARYANA
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Syed Shah Mohammed Quadri, J. -
(1.)The petitioner seeks review of our order dismissing S.L.P. (C) No. 203 of 2002 in limine on January 21, 2002.
(2.)In the academic year 2000-2001 the petitioner took admission in B.D.S. in M.M. College of Dental Science and Research (Mollana), Ambala but subsequently she withdrew from the course. However, she appeared in the entrance examination of MBBS/BDS courses in Haryana for the academic year 2001-2002 and secured 37th rank. According to her she was entitled to admission in MBBS course in the Rohtak Medical College, Rohtak. In view of Cl. 18 of the Information Brochure of Kurukshetra University, Haryana, for MBBS/BDS entrance examination (for short, 'the Information Brochure') she apprehended that she would not be considered for admission to the MBBS course so she filed writ petition (Civil Writ Petition No. 11443 of 2001) challenging validity of Cl. 18 of the Information Brochure and seeking a mandamus to the respondents to permit her to compete for admission to MBBS course ignoring the said clause. By order dated November 8, 2001, the Division Bench of the High Court of Punjab and Haryana at Chandigarh upheld the validity of the said clause and negatived her claim for admission to MBBS course. She unsuccessfully challenged validity of the said order of the High Court in the aforementioned special leave petition which was dismissed by our order, now under review.
It is submitted by Mr.K. V. Viswanathan, the learned counsel for the petitioner, that Cl.18 of the Information Brochure cannot be so interpreted as to debar her from seeking admission to the course for all time to come and if the order is not reviewed she would be precluded from seeking admission in the MBBS course forever which is an unintended punishment. Mr. Sanghi would contend that Cl. 18 bars a student who has taken admission in one course, to seek admission in another course.
(3.)It will be useful to refer to Cl. 18 which reads as under :
"18. The candidates already admitted in any Medical/Dental Colleges will not be considered eligible for admission to the course."
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