Citing several Supreme Court judgments, which allowed rounding off of marks in decimals to the next integer, the Madras High Court has directed a private dental college to admit a girl student, who secured 39.5 per cent against the eligibility of 40 per cent in the entrance examination for MDS programme.
The High Court had earlier directed the college to allow the petitioner participate in the counselling for admission into the course and not declare the results for admission but to produce before it.
Allowing a petition by B. Priakardiya, Justice S. Tamilvanan neither accepted the stand of the Dental Council of India that she cannot be admitted for not meeting the minimum eligibility criteria nor impleaded the Council in the case.
If the petitioner was not permitted to join the MDS course on the “trivial and unsustainable grounds,” the judge said that would be nothing but preventing illegally the eligible candidate from pursuing her studies in MDS PG course, which would be an “act against reservation policy and social justice,” the judge said.
“When the Supreme Court has laid down the law, stating with all fairness for round off to the next figure, if fraction is 0.5, so as to treat it as 1, the Dental Council of India cannot have a different interpretation, stating that 39.5 per cent cannot be treated as 40 per cent,” he said.
The petitioner had secured 39.5 per cent against the minimum of 40 per cent of marks for the only reserved seat for students belonging to the Scheduled Caste for admission into the MDS programme at Mahatma Gandhi Post Graduate Institute of Dental Sciences at Puducherry, which is scheduled to commence on May 15 this year.
The college authorities had received a communication from the DCI on the issue, which had said that the petitioner did not secure minimum marks for admission and hence the petition by the student.
When the case came up for hearing earlier, Justice M. Sathyanarayanan directed the college to allow her to participate in the counselling for admission and produce the results before it. The case came up for hearing before Justice Tamilvanan in the vacation bench of the High Court and the DCI’s communication was produced before it.
The High Court had earlier directed the college to allow the petitioner participate in the counselling for admission into the course and not declare the results for admission but to produce before it.
Allowing a petition by B. Priakardiya, Justice S. Tamilvanan neither accepted the stand of the Dental Council of India that she cannot be admitted for not meeting the minimum eligibility criteria nor impleaded the Council in the case.
If the petitioner was not permitted to join the MDS course on the “trivial and unsustainable grounds,” the judge said that would be nothing but preventing illegally the eligible candidate from pursuing her studies in MDS PG course, which would be an “act against reservation policy and social justice,” the judge said.
“When the Supreme Court has laid down the law, stating with all fairness for round off to the next figure, if fraction is 0.5, so as to treat it as 1, the Dental Council of India cannot have a different interpretation, stating that 39.5 per cent cannot be treated as 40 per cent,” he said.
The petitioner had secured 39.5 per cent against the minimum of 40 per cent of marks for the only reserved seat for students belonging to the Scheduled Caste for admission into the MDS programme at Mahatma Gandhi Post Graduate Institute of Dental Sciences at Puducherry, which is scheduled to commence on May 15 this year.
The college authorities had received a communication from the DCI on the issue, which had said that the petitioner did not secure minimum marks for admission and hence the petition by the student.
When the case came up for hearing earlier, Justice M. Sathyanarayanan directed the college to allow her to participate in the counselling for admission and produce the results before it. The case came up for hearing before Justice Tamilvanan in the vacation bench of the High Court and the DCI’s communication was produced before it.
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