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CASE NO.: Appeal (civil)  3151 of 2006

PETITIONER: Dr. Romil B. Shah & Ors

RESPONDENT: The State of Gujarat & Ors

DATE OF JUDGMENT: 25/07/2006

BENCH: K.G. Balakrishnan & D.K. Jain

JUDGMENT: J U D G M E N T (Arising out of SLP [C] No. 11845 of 2006 AND CIVIL APPEAL NO. 3152  OF 2006 (Arising out of SLP) No. 11851 of 2006] K.M. Shah Dental College                                ..      Appellant Vs. The State of Gujarat & Ors.                     ..      Respondents

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 [2005] 6 SCC 537.   Counsel for the respondents

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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

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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.