The Punjab and Haryana high court has cancelled a section of admissions made in July by private dental colleges to the Master of Dental Surgery (MDS) course. These colleges had on their own admitted students who hadnot appeared in a common entrance test.
The order of the court bench of justice GS Sandhawalia came on a petition filed by dental colleges, in which they had challenged the July communication of the director, research and medical education, Punjab, telling them not to make admissions of students who had not appeared in the All India Post Graduate Dental Entrance Examination (AIPGDEE-2015).
The communication had further stated that the admissions be made in BDS/MDS course 2015 only on the basis of counselling conducted by Baba Farid University of Health Science (BFUHS), Faridkot. They were also directed not to make admissions at their own level.
The petitioners had argued that the centralised counselling for admissions was restricted to the state quota seats, adding that the director, research and medical education, was not the competent authority who could have issued such a direction. It was also argued that through an earlier order, BFUHS had allowed them to admit students from other universities and on the basis of their marks at the graduation level.
The court recorded that a division bench had already held that the Dental Council of India had implicit powers to supervise qualifications or eligibility standards for admission into medical institutions and the regulations framed could not be beyond the legislative competence.
Similarly, the conducting of the common entrance test was held to be a mandatory provision, especially when different boards were holding the qualifying examination.
“The argument that there were vacant seats which could not be filled and there were some exceptional circumstances which would permit them to fill the seats was also rejected on the ground that it was a commercial decision of private institutes to start dental education, and merit in the common entrance test could not be wished away,” the court bench said in its order.
Accordingly, the present writ petition is dismissed. The admissions made by the colleges, without associating the students in the centralised counselling by BFUHS are in violation of the notification and the regulations of the Dental Council of India. The candidates had not appeared in the common entrance test and belong to other universities, and their admissions shall stand cancelled, the court stated in its order.