Swatanter Kumar, J. - (1.) CHALLENGE in this petition under Articles 226/227 of the Constitution of India is to the validity of Clause 18 of Chapter -VI of the "Information Brochure, MBBS/BDS Entrance Examination for admission to Medical/Dental Colleges in Haryana 2001", which reads as under: The candidates already admitted in any Medical/Dental Colleges will not be considered eligible for admission to the course.
(2.) BEFORE we notice the contentions/admissions raised on behalf of the parties, it will be necessary to refer to the basic facts giving rise to this petition. The State of Haryana, -vide its notification dated 4th February, 2001, declared the Vice -Chancellor, Kurukshetra University, Kurukshetra, as competent authority to conduct the entrance examination for admission to various courses including MBBS and BDS in different colleges in the State of Haryana for the year 2001. The information brochure afore -noticed was issued by the University, wherein it was provided that the selection to MBBS/BDS courses would be made on the basis of entrance examination to be conducted by the University. The last date for receipt of the applications was 11th June, 2001. The entrance test was to be held on 1st July, 2001. However, the result regarding selection of the candidates for admission including the Petitioner was declared on 4th August, 2001. The eligibility conditions were duly provided in the brochure and under condition No. 18 of the special instructions of Chapter VI of the information rendered a candidate otherwise eligible as ineligible, if he was already admitted to any medical or Dental College. Such candidate was not eligible for admission to the course. The Petitioner had taken similar entrance examination for the year 2000 and was given admission in that year in BDS course in MM College of Dental Sciences and Research, Maulana, Ambala.
(3.) ACCORDING to the Petitioner, no fresh admissions to 1st year of BDS Course, are being conducted for 2001 in MM College of Dental Sciences and Research Maulana, Ambala, by the University and the Petitioner claims to have learnt from newspaper cutting that Dental Council of India has not permitted the said college to give admission. The Petitioner was called for counselling in regard to the present academic session on 16th August, 2001. However, he was declared ineligible, in view of the Clause 18 quoted above and has been declined admission in any of the two courses i.e. MBBS and BDS on the basis of his merit in the Entrance Test conducted by the University for the current session. Thus, compelling the Petitioner to file the present writ petition.;