http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: PUNEET SARDANA

       Vs.

RESPONDENT: THE STATE OF HARYANA AND OTHERS

DATE OF JUDGMENT:       23/01/1996

BENCH: SEN, S.C. (J) BENCH: SEN, S.C. (J) AHMADI A.M. (CJ) PARIPOORNAN, K.S.(J)

CITATION:  1996 AIR 1587            1996 SCC  (2) 565  JT 1996 (1)   667        1996 SCALE  (1)597

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T SEN. J      Special leave granted.       The  appellant, Puneet  Sardana, was granted admission in the North Bengal College at Siliguri in the B.D.S course. In January,  1993 the  appellant appellant  passed the first professional examination of the B.D.S.course at Siligure and secured 381  out  of  600  marks.  On  the  result  of  this examination, the appellant sought for migration to Maharishi Dayanand University  at Rohtak  and was granted admission to the B.D.S. course in D.A.V. Centenary Dental Collage, Yamuna Nagar, against  a vacant seat, the appellant,however, wasted admission in  the Dental  college at  Rohtak and, therefore, filed a  Civil Writ Petition in the High Court of Punjab and Haryana, praying  for a  direction to the Maharishi Dayanand University to  admit the  appellant to the Dental college at Rohtak on the basis of the marks obtained by him. This Civil Writ Petition  was allowed.  The Principal,  Dental College, Rohtak, decided  to implement  the judgment of the Court and an office  was issued on 27.12.1993 allowing the appellant’s application for migration to the Dental College, Rohtak. The appellant was  directed to deposit the college face for this purpose, which the appellant dead on that very day.        On   15th  February,   1994  the   appellant  made  a representation   to   the   appellant   Maharishi   Dayanand University that  he had  in the  meantime passed  the second year B.D.S  Examination held the North Bengal Dental College at  Siliguri   and  he  should  be  allowed  exemption  from appearing in  the second  year  examination  at  the  Dental College at  Rohtak. On  22nd April,1994  the  appellant  was informed by  a  letter  written  by  the  Maharishi  Dayanad University that the appellant was exempted from appearing in the second  year B.D.S.  Examination of  the University.  On 23rd February,  1995 an  appeal against  the  order  of  the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

Single Judge,  preferred by  the University, was allowed and the admission of the appellant was cancelled.       It  may be  mentioned that  the appellant  had taken a point by  filing a  filing a Civil Miscellaneous Application No. 1188  of 1994 that the letter Patent Appeal filed by the University was   was    not  maintainable,  as  it  was  not supported by  decision or  resolution of  the University nor was it  accompanied   by any  power of attorney on behalf of the  University.  No  separate  order  was  passed  on  this Miscellaneous Application.       The  main issue involved in this case has already been discussed in Nitasha Paul’s case [Civil] Appeal No. -------- ---- of 1996 (Arising out of S.L.P. (C) No. 9776 of 1995) 1. The order  of the  appeal court  has  been  set  aside.  The question now  is to  what relief  is the appellant entitled? The appellant  has stated  that his father is an IAS officer of the  West Bengal  Cadre. He  got admission  in the  North Bengal Dental  College at Siliguri from which he passed both the  first  year  and  the  second  year  examinations.  His application  for   migration  to   D.A.V.  Centenary  Dental College, Yamuna  Nagar, was approved. He claims that he is a resident of Haryana.      The appellant  cannot claim  admission to  a college of his own  choice on  the strength  of marks  obtained at  the first year  B.D.S. Examination  conducted  by  North  Bengal University. The  appellant’s prayer  for admission to Dental College at  Rohtak cannot  be allowed.  This order  will not prevent the  appellant from  continuing his studies at North Bengal Dental  College at  Siliguri or, if he is so entitled even now,  to seek  admission to the D.A.V. Centenary Dental College, Yamuna  Nagar, if a vacancy exists. The appeals are disposed of accordingly.