- (1.) Separate written statements on behalf of respondents No. 1,2 and 3 have been filed. The same are taken on record. Copies of the written statements have been supplied to the learned Counsel for the petitioners.
(2.) In the written statement filed by respondent No. 1, it has been maintained that a communication dated August 5,2006 was received by the Financial Commissioner & Principal Secretary to Govt. Haryana, Health & Medical Education Department-cum- Member Secretary, State Admission Committee from the President of Association of Self-Financing Medical Colleges of Haryana bringing it to the notice of the authorities that the entire list of the candidates who had qualified the entrance examination (HMDAT-2006) have been exhausted and 122 seats in BDS were still lying vacant. In these circumstances, permission has been sought by the Association that since sufficient eligible candidates of HMDAT-2006 were not available, therefore, in terms of the permission granted by the State Admission Committee as contained in the prospectus for HMDAT- 2006, the Association/Members of the Association be allowed to fill up the seats on the basis of merit of qualifying examination, as per the provisions and guide-lines issued by the Dental Council of India.
(3.) The aforesaid communication was replied by the Financial Commissioner and Principal Secretary cum Member Secretary, State Admission Committee through a communication dated August 17, 2006 with the following directions: The State Admission Committee has considered your request to allow the Association to fill up remaining/ left out/lapsed seats in the Private Unaided Dental Colleges on the basis of merit from the candidates who have qualified HMDAT -2006 and on the basis of merit of qualifying examination if sufficient eligible candidate of HMDAT-2006 are not available. In this context your attention is drawn to Clause (d) of conditions for Admission to Bachelor of Dental Surgery course and Clause (b) under the heading "Selection of Students" of DCI Regulations read together. Keeping in view various court judgment and also the MCI/DCI regulations, the State Admission Committee has decided that the remaining/left out/lapsed seats shall be filled up from the merit list of qualified candidates of HMDAT- 2006 and All India Entrance Test conducted by CBSE and State Entrance Test/PMT conducted by the State Agency.;