JUDGEMENT
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(1.) University declaring admission of 40 students made by the petitioner-college, to be invalid.
(2.) Case of the petitioner is that the State of Punjab advertised holding of PMET-2006 vide notification dated 24.4.2006. The test was to be held on 2.7.2006. The result was to be declared on 7.7.2.006, which was to be followed by counselling from 29.7.2006 to 2.8.2006.
(3.) According to instructions dated 20.7.2006, Annexure P.10, seats remaining vacant after 10.9.2006 could be filled up by the management up to 30.9.2006 as per criteria laid down in the notification dated 24.4,2006. The petitioner-college was recognised for 60 BDS seats and later on 40 additional seats were approved after inspection by the Dental Council of India. On 22.9.2006, the petitioner wrote a letter to the University for allotting 40 more seats having regard to the fact that 30th September, 2006 was the cut off date for admissions. Again, vide letter dated 28.9.2006, the University was informed that six seats out of 60 seats which had been filled up, had fallen vacant, which were required to be filled up. Reference has also been made to order dated 22.9.2006 passed by the Hon'ble Supreme Court in a Writ Petition tiled by the petitioner-college being CWP No. 420 of 2006, to the following effect :-
"Learned Additional Solicitor General submitted that pursuant to the report given by the Dental Council of India, the Union of India has already taken a decision granting permission to these two colleges and the same has been intimated to the said colleges. The colleges may go ahead with admission of the students and complete the admission process at the earliest in accordance with law.
The writ petitions are disposed of accordingly."
The petitioner-college also published public notice Annexure P. 11 dated 30.9.2006 as under :-
"Counselling for vacant NRI, management and Govt. Quota seats (including 40 restored) will be held on 30th September, 2006 from 10.00 am onwards in Desh Bhagat Dental College and Hospital, Kotkapura Road, Muktsar."
The University vide letter dated 28.9.2006, Annexure P.6 informed the petitioner that counselling for six vacant seats could not be held on 28.9.2006 for want of adequate notice and the same could be held on 30.9.2006. Regarding 40 new seats, it was stated that the petitioner may not till these seats in violation of rules. The State of Punjab vide letter dated 29.9.2006, Annexure P.7 informed the petitioner that 40 additional seats be filled up through the University the petitioner filled up 38 seats out of 40 on 30.9.2006, though representative of the university refused to participate in the said admissions. On 3.10.2006, the petitioner again asked the University to provide a list of PMT qualified students. The said letter was written, as in some cases, the Hon'ble Supreme Court extended the admission process up to October 15, 2006. The petitioner advertised the seats on 6/7.10.2006 and the advertisement dated 6.10.2006, Annexure P.14 is as under :-
"Recognised by DCI and Govt. of India, Ministry of Health and Family Welfare. Affiliated to Baba Farid University of Health Sciences, Faridkot Applications are invited for BDS A few NRI Seats (against extended 40 seats) Candidates must obtain an Eligibility certificate from BFUHS Faridkot Applications on prescribed form must reach the college by 9th Oct. 2006."
On 7.11.2006, by impugned letter, the University informed the petitioner- college that admission of 40 students was not valid. The petitioner filed an appeal to the Vice Chancellor which was dismissed on 14.11 2006. The petitioner represented to the State Government who asked the University to approve the admissions vide letter dated 10.4.2007.;
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