- (1.) The petitioner has sought a writ in the nature of mandamus directing the respondents to immediately shift/admit the petitioner in BDS course in Government Dental College Patiala or Amritsar from respondent No. 3- Institute, where she is undergoing the BDS course in pursuance of the counselling held on 12.9.2005.
(2.) In Pre-Medical Entrance Test for the academic year 2005-06, the petitioner secured 596 marks and was assigned rank 359. In the first counselling for admission to BDS course held on 12.9.2005, the petitioner was allotted seat in Baba Jaswant Singh Dental College, Ludhiana, but subsequently, the petitioner was shifted to respondent No. 3 College as a general category candidate against the Government seat and a provisional annual fee of Rs.55,000/- was deposited on 27.9.2005. In pursuance of another public notice issued for second counselling for admission to MBBS/BDS course for left out seats, the petitioner appeared on 25.9.2005 for admission in BDS course. The petitioner opted and was placed in waiting list at serial No. 3. Such waiting list was maintained in terms of Clause 10 part II of the Prospectus. Clause 10 of the Prospectus, reads as under:- "All those candidates who are eligible to be counselled can opt to be on waiting list irrespective of the fact whether they have been allotted a seat or not. In other words a candidate who has been admitted in BDS course may opt to be kept on waiting list for seeking admission in any other college/course. Even those candidate who report for counselling but do not accept a seat available to them at the time of counselling can opt to be kept on waiting list. It is important to note that in order to be kept on waiting list, a candidate has to report for counselling on the notified date and time, failure to do so shall result in forfeiture of candidate's right to be kept on waiting list. Waiting list of all successful candidates will be prepared by the Chairman, Selection Committee and the details of vacant seats shall be displayed on the notice board."
(3.) The grievance of the petitioner is that third counselling for filling up of vacant seats in Government Medical Colleges for MBBS course was conducted on 30.9.2005. In such counselling, three seats in the Dental Colleges became available i.e. two seats in Government Dental College, Patiala and one in Government Dental College, Amritsar. But the said seats were not filled up from amongst the candidates from the waiting list including the petitioner and, therefore, the action of the University in not admitting the petitioner is subject matter of the challenge in the present writ petition.;