Monday, November 16, 2015

Madras HC allows ineligible MDS students to complete course Updated: November 13, 2015 08:29 IST | Sureshkumar


The Hindu.. Chennai


Citing mistake on the part of Tamil Nadu Dr. MGR Medical University in implementing a notification prescribing 50 per cent marks as eligibility criteria for admission to Master of Dental Surgery (MDS), the Madras High Court has allowed students of four dental colleges to complete the course though they have been admitted flouting the rule.

Justice M.M. Sundresh passed the direction on a batch of petitions moved by four dental colleges challenging an order dated April 27, 2014 passed by the university cancelling the registration of students enrolled in MDS degree course as they failed to fulfil the eligibility criteria prescribed by the university.

Though the university issued a notification prescribing the eligibility in 2007 it failed to implement the same till 2014. Utilising the opportunity, private dental colleges continued enrolling students who scored below 50 per cent in undergraduate course.

As the university issued orders cancelling the registration of such ineligible students in 2014, the institutions approached the court claiming that there was delay on part of the university in intimating the decision. The petitioners also claimed that the students who were admitted in the academic year 2013-14 were in the verge of completing their course.

Opposing the plea, the university contended that the institutions have violated the regulations and now they cannot contend contrary. “Equity of law should prevail and therefore no interference is required,” counsel for the university said. Noting that the regulations would certainly govern the case of the petitioner institutions, the judge however said, “Had the regulations of 2007 been implemented strictly, the students of the petitioner institutions would not have been affected.” Considering the fact that the students are about to complete their course, Justice Sundresh set aside the order passed by the university with a direction to register them within eight weeks.


Cites mistake on part of university in implementing a notification prescribing 50 % as eligibility criteria

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