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DENTAL COUNCIL OF INDIA versus SAILENDRA SHARMA (Supreme Court) (21.10.2022)



Diary Number
44007 / 2018Judgment
Case NumberC.A. No.-007611-007611 / 202221-10-2022 (English)
Petitioner NameDENTAL COUNCIL OF INDIA
Respondent NameSAILENDRA SHARMA
Petitioner's AdvocateGAURAV SHARMA
Respondent's Advocate
BenchHON'BLE MR. JUSTICE M.R. SHAH, HON'BLE MR. JUSTICE M.M. SUNDRESH
Judgment ByHON'BLE MR. JUSTICE M.R. SHAH

  • In the present case, the dispute is with respect to three Dental Colleges, namely, New Horizon Dental College Research Institute, Bilaspur (for short, 'New Horizon College'), Maitri College of Dentistry and Research (for short, 'Maitri College'), Anjora Durg and Rungta College of Dental Sciences and Research, Bhilai (for short, 'Rungta College').
  • The Directorate of Medical Education notified the vacant seats including the vacant seats in the aforesaid three colleges on 29.05.2018 to be filled up in mop up round of counselling on the basis of intimation provided by the private colleges including the above three colleges.
  • At this stage, it is required to be noted that total number of vacant seats for all five colleges were 46 and out of 46, 43 seats were allotted to students in various colleges including the above three colleges.
  • In paragraph 7, it is observed and held as under: -"7.
  • Applying the law laid down by this Court in the aforesaid decisions, even if on the last date of admission, seats remained vacant was no ground by the institutions/colleges to grant admissions unilaterally and that too without intimating the vacant seats to the Directorate.
  • It results in very awkward and difficult situations.
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