Case Note & Summary
The dispute arose from the appellant's attempt to migrate from one dental college to another and secure admission to a college of his choice. The appellant, Puneet Sardana, was admitted to the B.D.S. course at North Bengal Dental College, Siliguri. In January 1993, he passed the first professional examination of the B.D.S. course at Siliguri, securing 381 out of 600 marks. Seeking migration to Maharishi Dayanand University, Rohtak, he was granted admission to the B.D.S. course at D.A.V. Centenary Dental College, Yamuna Nagar, against a vacant seat. However, he desired admission to the Dental College at Rohtak and filed a Civil Writ Petition in the High Court of Punjab and Haryana, which was allowed. The Principal of Dental College, Rohtak, issued an office order on 27 December 1993 allowing the appellant's application for migration, and the appellant deposited the college fee the same day. On 15 February 1994, the appellant represented to the University that he had passed the second-year B.D.S. examination at North Bengal Dental College and sought exemption from appearing in the second-year examination at Rohtak; the University informed him on 22 April 1994 that he was exempted. On 23 February 1995, a Division Bench of the High Court allowed the University's appeal against the Single Judge's order and cancelled the appellant's admission. The appellant had also filed Civil Miscellaneous Application No. 1188 of 1994 challenging the maintainability of the Letters Patent Appeal on the ground that it was not supported by a resolution or power of attorney of the University; no separate order was passed on that application. The Supreme Court noted that the main issue involved in this case had already been discussed in Nitasha Paul's case. The Court set aside the order of the appeal court but then considered the relief to which the appellant was entitled. The Court held that the appellant could not 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. Consequently, the prayer for admission to Dental College at Rohtak was not allowed. The Supreme Court, however, directed that this order would not prevent the appellant from continuing his studies at North Bengal Dental College at Siliguri or, if he was so entitled even then, to seek admission to the D.A.V. Centenary Dental College, Yamuna Nagar, if a vacancy existed. The appeals were disposed of accordingly.
Headnote
A) Education Law - Admission and Migration - Migration to another dental college cannot be claimed as of right based on first-year marks from original university - No specific statute cited - The appellant passed first-year B.D.S. from North Bengal Dental College, Siliguri, and sought migration to Maharishi Dayanand University, Rohtak; the Single Judge allowed the writ petition, but the Division Bench cancelled the admission. Supreme Court held that 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 and directed that the prayer for admission to Dental College at Rohtak cannot be allowed - Held that the order will not prevent the appellant from continuing his studies at North Bengal Dental College at Siliguri or, if entitled, to seek admission to D.A.V. Centenary Dental College, Yamuna Nagar, if vacancy exists (Paras 1-2). B) Procedural Law - Maintainability of Letters Patent Appeal - Objection that LPA not maintainable for want of resolution or power of attorney - No specific statute cited - The appellant filed Civil Miscellaneous Application No. 1188 of 1994 contending that the Letters Patent Appeal filed by the University was not maintainable as it was not supported by decision or resolution of the University nor accompanied by any power of attorney on behalf of the University; no separate order was passed on this Miscellaneous Application - Held that no separate order was passed on the maintainability objection (Paras 1-2). C) Relief - Continuing Studies - Direction not preventing continuation at original college or admission to approved college if vacancy exists - No specific statute cited - The Supreme Court disposed of the appeals with the observation that the appellant's prayer for admission to Dental College at Rohtak cannot be allowed, but 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 - Held accordingly (Paras 1-2).
Issue of Consideration
Whether the appellant was entitled to admission to Dental College at Rohtak on migration on the basis of marks obtained in first-year B.D.S. examination from North Bengal University; whether the appeal court's order cancelling admission was valid; and whether the Letters Patent Appeal was maintainable without resolution or power of attorney.
Final Decision
Supreme Court held that 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 prayer for admission to Dental College at Rohtak was not allowed. The order of the appeal court was set aside, but 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. Appeals disposed of accordingly.
Law Points
- A student seeking migration 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 the original university
- Migration admission is not a matter of right
- The court may permit continuation at the original college or consideration for admission to an approved college if vacancy exists
- No separate order was passed on Miscellaneous Application challenging maintainability of Letters Patent Appeal
