Dr.Abdul Latheef Afsal v. The Centralised Admission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.11526 of 2018 Dr.Abdul Latheef Afsal ... Petitioner vs.

1.

The Centralized Admission Committee, (CENTAC) rep. by its Convener, Pondicherry Engineering College Campus, Puducherry.

2.

University of Puducherry, rep. by its Deputy Registrar (Academic), R.V.Nagar, Kalapet, Puducherry - 605 014.

3.

Mahe Institute of Dental Science, Chalakkara, Pallor, Mahe - 673 310 U.T. of Pondicherry.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 1st Respondent to act upon the communication of the 3rd Respondent, dated 16.03.2018 in accordance with law and issue necessary clarifications to the 2nd Respondent, so as to enable the Petitioner to complete his M.D.S. Course in Conservative Dentistry and Endodontics with the 3rd RespondentCollege. For Petitioner :

Mr.T.Gowthaman For 1st Respondent :

Mr.C.T.Ramesh, Additional Government Pleader For 2nd Respondent :

Mrs.A.V.Bharathi For 3rd Respondent :

No appearance

O R D E R

The Petitioner has come up with the present Writ Petition seeking a direction to the 1st Respondent to act upon the communication of the 3rd Respondent, dated 16.03.2018 in accordance with law and issue necessary clarifications to the 2nd Respondent, so as to enable him to complete his M.D.S. Course in Conservative Dentistry and Endodontics with the 3rd Respondent-College.

2. According to the Petitioner, he applied for a seat at the 3rd Respondent-College through the 1st Respondent-Committee, which has been formed under the Government of Puducherry for conducting common/combined counselling for filling up of 50% of P.G. Medical/Dental seats in the Private Medical/Dental Colleges under the State Quota as well as 50% seats in the Management Quota in the private Medical/Dental Colleges. 3.

The Petitioner further stated that he attended the counselling held by the 1st Respondent-Committee on 19.05.2017 with all the requisite original Certificates. After due examination of Certificates, the Petitioner was accorded admission under the Management Quota of the 3rd RespondentCollege for M.D.S. in Department of Conservative Dentistry and Endodontics under the General Category itself. On the issuance of allotment order, the Petitioner paid the fees and got himself admitted for the M.D.S. Course in the Department of Conservative Dentistry and Endodontics.

4.

It is further stated by the Petitioner that he joined M.D.S. Course in the 3rd Respondent-College on 05.07.2017. However, after 10 months into his P.G. Course, he was summoned by the Principal of the 3rd Respondent-College and informed that the 2nd Respondent had raised some issues with regard to his M.D.S. admission. He was further informed that a letter dated 08.03.2018 had been issued by the 2nd Respondent claiming that the Petitioner had not qualified in the NEET examination and therefore, his admission into the M.D.S. Course will not be recognized by the University.

5.

Thereafter, understanding the genuineness of the Petitioner's case, the 3rd Respondent has sent a communication dated 16.03.2018 to the 1st Respondent-Committee, setting out the facts and circumstances surrounding his admission and contesting the contents of the letter dated 08.03.2018 of the 3rd Respondent-College. Now, the Petitioner seeks a direction to the 1st Respondent herein to act upon the said communication dated 16.03.2018.

6.

Heard the learned counsel for the parties and perused the material documents placed on record.

7.

The relief sought by the Petitioner cannot be granted, as there is no demand by the Petitioner. However, it is open to the Petitioner to make a representation to the 1st Respondent and on receipt of such representation, the 1st Respondent may

pass appropriate orders in accordance with law, preferably within a period of two weeks.

This Writ Petition is disposed of with the above direction and observation. No costs.

Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar (aeb) To:

1.

The Centralized Admission Committee, (CENTAC) rep. by its Convener, Pondicherry Engineering College Campus, Puducherry.

2.

University of Puducherry, rep. by its Deputy Registrar (Academic), R.V.Nagar, Kalapet, Puducherry - 605 014.

+1cc to MR.A.V.Bharathi, Advocate in sr.no.32360 +1cc to Mr.C.Prabakaran, Advocate in sr.no.32372 +1cc to Government Pleader, in sr.no.32665 W.P.No.11526 of 2018 CS/04/05/18