IN THE H IGH COURT OF JUDICATURE AT MADRAS DATED: 06.04.2011 CORAM THE HONOURABLE Mr. JUSTICE T.RAJA W.P.No.28014 of 2010 S.Srijith ... Petitioner Vs. 1.R.V.S.Dental College & Hospitals, Kumarankottam Campus, Kannanpalayam, Coimbatore. 2.The Tamil Nadu Dr.M.G.R.Medical University, Rep. by its Registrar, 69, Anna Salai, Guindy, Chennai - 600 032. 3.The Director of Medical Education, Kilpauk, Chennai. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of mandamus directing the respondents to declare the results of the petitioner for the first year B.D.S.Course conducted by the 2nd respondent for the academic year 2009-2010. For Petitioner :Mr.Muralikumaran for M/s.Mcgan Law Firm For Respondents :Mr.K.C.Srinivasan for R2 Mr.S.Naganathan, GA (Edn.) for R3 No Appearance for R1 ORDER The petitioner has filed the present writ petition seeking issuance of writ of mandamus directing the respondents to declare the results of the petitioner for the first year B.D.S. Course conducted by the 2nd respondent for the academic year 2009-2010. 2. The petitioner, after qualifying himself in +2 examinations held in March, 2000, has secured the required marks for admission in B.D.S. Course. With a requisite qualification, when he approached https://hcservices.ecourts.gov.in/hcservices/ the 1st respondent/R.V.S.Dental College & Hospitals, Coimbatore, to join the B.D.S. Course, the 1st respondent admitted the petitioner in the academic year 2009-2010 by receiving the necessary fees from the petitioner. After joining the 1st respondent College in the management quota, he has also secured sufficient attendance in the College. When the 1st respondent College admitted 100 students for the academic year 2009-2010, the petitioner was also one among them. Therefore, the grievance placed before this Court by his counsel is that the 1st respondent College admitted the petitioner after scrutinizing all the certificates submitted by the petitioner in the BDS course and after admitting the petitioner, the 1st respondent College has sent a list of students admitted in the academic year 2009-2010 to the 2nd respondent and the same was also acknowledged by the 2nd respondent and thereafter, when the BDS examinations were held by the 2nd respondent during August, 2010, the 2nd respondent has also issued a hall ticket to the petitioner to appear for the 1st year BDS examinations held in August, 2010. Accordingly, he has also appeared for the written examinations, but the results have been withheld by the 2nd respondent. 3. Therefore, the only contention raised in the present writ petition is that when the regulation for the year 2007 issued by the Dental Council of India, New Delhi, contemplates a particular procedure, in respect of Other Backward Classes, for selection to BDS Course stating that a candidate obtaining minimum of 40% marks taken together in Physics, Chemistry, Biology at the qualifying examination, is eligible to get selected to BDS Course, the petitioner, who belongs to MBC community, having secured 47.5% marks in aggregate, which is more than 40% marks, cannot be put to any prejudice in withholding the examinations results. On that basis, he prayed for allowing the present writ petition. 4. Per contra, the learned counsel appearing for the 2nd respondent submitted that the University has issued a hall ticket to the petitioner through the 1st respondent College, since the 1st respondent College has admitted the petitioner for writing the examination held in August, 2010, but he has secured a shortage of minimum marks as prescribed by the BDS regulations of this University. Therefore, the petitioner's result was withheld. In his further submission, it was contended that the prospectus issued by the Government of Tamil Nadu for admission to BDS Course for the year 2009-2010 specifically mentioned that the candidates belonging to OC/BC/BCM/MBC/DC should have obtained not less than 50% of the aggregate marks in physics, Chemistry and Biology/Botany and https://hcservices.ecourts.gov.in/hcservices/ Zoology taken together at the qualifying examination. Therefore, the petitioner being a candidate of MBC Community, who admittedly, secured 47.5% marks in aggregate, cannot request this Court to declare the results and on that basis, he prayed for dismissal of the present writ petition. 5. Heard the learned counsel appearing on either side and perused the materials available on record. 6. For better appreciation, it is useful to refer to the prospectus issued by the Government of Tamil Nadu as well as the notification issued by the Dental Council of India, New Delhi, dated 25.07.2007, which are extracted as under:- Prospectus issued by the Government of Tamil Nadu:- (B) BDS: (i) The candidates (OC/BC/BCM/MBC/DC) should have obtained not less than 50% of the aggregate marks in physics, Chemistry, and Biology/Botany and Zoology taken together at the qualifying examination. (ii) Schedule Caste, Scheduled caste-Arunthathiyar and Scheduled Tribe, the aggregate marks required for admission shall be 40%. Notification issued by the Dental Council of India:- 5 (i) in case of admission on the basis of qualifying examination under clause (1) based on merit, candidate for admission to BDS course must have passed in the subjects of Physics, Chemistry, Biology & English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry, and Biology at the qualifying examination. In respect of candidates belonging to Scheduled Castes, Scheduled Tribes or Other Backward Classes, the marks obtained in Physics, Chemistry and Biology taken together in qualifying examination be 40% instead of 50% as above and must have passing marks in English. A mere reading of the above prospectus issued by the Government of Tamil Nadu clearly goes to show that the candidates belonging to OC/BC/BCM/MBC/DC should have obtained not less than 50% of the aggregate marks in physics, chemistry and biology/botany and zoology taken together at the qualifying examination. In the present case, the petitioner has got admission in the 1st respondent College for the year 2009-2010 under the Management quota and he, being MBC Community, has secured only 47.5% marks in aggregate, which is less than the aggregate marks prescribed by the Government of Tamil Nadu, for the year 2009-2010. Therefore, the petitioner is bound by the notification issued by the Government of Tamil Nadu. https://hcservices.ecourts.gov.in/hcservices/ 7. Further, the notification issued by the Dental Council of India, dated 25.07.2007, as extracted as above, is meant for only 2007-2008. Therefore, it is not open to the petitioner to place reliance on the notification dated 25.07.2007 issued by the Dental Council of India for seeking admission for the year 2009-2010. Hence, for the aforesaid reasons, I do no find any merit in the present writ petition and accordingly, the same is dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar /True copy/ Sub. Asst. Registrar rkm To 1.The Registrar, Tamil Nadu Dr.M.G.R.Medical University, 69, Anna Salai, Guindy, Chennai - 600 032. 2. The Director of Medical Education, Kilpauk, Chennai. + 1 cc to Mr.M.Muthappan, Sr.24536 + 1 cc to Government Pleader Sr.24536 W.P.No.28014/2010 RSY(CO) EU 29.4.11 https://hcservices.ecourts.gov.in/hcservices/