SUPREME COURT OF INDIA
(1) Dr. Romil B. Shah and Others; (2) K.M. Shah Dental College
Vs
State of Gujarat and Others
Appeal (Civil) 3151 of 2006 (Arising Out of Slp [C] No. 11845 of 2006, Civil Appeal No. 3152 of 2006, Arising Out of Slp) No. 11851 of 2006)
(K. G. Balakrishnan and D. K. Jain, JJ)
25.07.2006
K. G. BALAKRISHNAN, J.
Leave granted.
The appellants in these two appeals challenge the judgment of the Division
Bench of the High Court of Gujarat. K.M. Shah Dental College, appellant in one
of the two appeals herein, is a dental college in the district of Vadodra in
Gujarat. They held entrance examination for admission to the post- graduate
course (M.D.S. in all branches], for which an advertisement was published by
them in two daily newspapers on 17.6.2006. The last date for receipt of
applications was 22.6.2006 and thereafter the entrance examination was held on
25.6.2006. Though the counselling had been notified for 27.6.2006, the entire
admission process was completed on 26.6.2006 itself. According to the
appellant-college, 24 students had sought admission, but only 23 students were
selected. One of the students who sat for the entrance examination filed a
Special Civil Application before the High Court of Gujarat challenging the
process of selection followed by the appellant-college. The learned single
Judge directed that the appellant-college shall not fill up the seats of the
post-graduate course on the basis of the common entrance examination held on
25.6.2006. The appellant-college challenged the same in a writ appeal and the
Division Bench found that the common entrance examination conducted by the
appellant-college was not fair and transparent and non- exploitative and held
that all the 23 seats will be filled up from the list prepared by the Gujarat
University.
We heard the appellant's counsel and counsel for the respondents. The counsel
for the appellant-college contended that the entrance examination was held in
accordance with law and the appellant-college being a single college was
entitled to conduct the entrance examination of its own based on the decision
of this Court in P.A. Inamdar vs. State of Maharashtra . Counsel for the
respondents on the other hand contended that even if it is assumed that the
appellant-college had the right to conduct the entrance examination, the
selection process was illegal and not fair to the students seeking admission.
The Division Bench in the impugned judgment has pointed out a series of
irregularities in the conduct of the entrance examination. The whole entrance
examination was done in a haphazard manner. The entrance examination was
advertised on 17.6.2006, the last date for receipt of applications was fixed as
22.6.2006 and the counseling was notified for 27.6.2006 whereas the counseling
was held on the previous day. It is also contended that some of the students
who sought admission were denied application forms, short date were given for
examination in order to prevent the candidates from submitting the applications
for examination. It is also alleged that the appellant-college was trying to
circumvent the directions contained in various decisions of this Court. The
appellant-college, on the other hand, contended that the whole process of selection
had to be conducted before 30th June, 2006 and hence short time was given for
submitting the applications.
On a close scrutiny of the various dates as also the way in which the entrance
examination was conducted, we affirm the view held by the Division Bench that
the entrance examination was not fair and transparent. It is high time that the
Dental Council of India as well as the Medical Council of India may fix in
advance the approximate dates during which the entrance examination is to be
held by various colleges. When there is an outer limit fixed for the final
admission of the students to various courses, the Dental Council, the Medical
Council and the All India Council for Technical Education and such other
authorities, which are regulating the admission of students in various
colleges, shall be careful in seeing that irregularities are not committed in
the matter of admissions. These institutions can fix in advance the dates of
advertisement, availability of application forms as also final receipt of
application forms. For the purpose of conducting the entrance examination, some
approximate dates could be fixed giving sufficient time for the colleges to
regulate the admissions. As the students have to compete in more than one
examinations to secure admission in one of the colleges, sufficient opportunity
should be given to the colleges to fix the date of entrance examination. If
this regulatory mechanism is provided for, there can be a final date for
admission to each college.
In the present case, though the entrance examination was not held in a proper
manner, we do not think that the Division Bench was justified in directing that
the entire 23 seats should be filled up from the list prepared by the Gujarat
University. At least some of the students, if not all the 23 students who got
admission, may be meritorious for getting admission to the post-graduate
course. Their merit is to be assessed by a competent authority. The
counsel for the respondents submitted that there should be a fresh entrance examination
and that all these students should be given a chance to compete. We are not
inclined to accept the submission as all other students had appeared for the
entrance examination held by the Gujarat University.
In the result, we direct that 24 applicants, who are stated to have applied
pursuant to publication of advertisement on 17.6.2006, shall be subjected to a
fresh merit-assessment test, to be conducted by the Head of the Department of
Dentistry of the All India Institute of Medical Sciences. All the modalities in
this behalf shall be worked out by the HOD in consultation with the
appellant-College. The Head of the Department of Dentistry at the AIIMS shall
give notice to all the applicants, whose addresses shall be furnished by the
College. The test shall be held at the earliest and the appellant-college shall
deposit a sum of rupees one lakh as initial expenses for conducting the said
test. If any other expenses are required to be incurred, the appellant- college
shall pay that amount also. If anyone or more of these 24 students is found
meritorious and eligible for admission to the MDS (Dental] by the HOD at the
AIIMS, the appellant- college is entitled to fill up the seats out of these 24
students available and if some seats are left over thereafter, the same shall
be filled up out of the list prepared by the Gujarat University for admission
to the post-graduate dental course. The last date fixed as 30th June, 2006 for
admission to the post-graduate courses, shall be waived in the case of these 24
students.
The appeals are disposed of accordingly with no order as to costs.