Updated on: Monday, February 07, 2011
The Madras High Court Bench here has imposed a fine of Rs 5,000 on a private dental college for admitting a student, who scored fewer than the minimum
required aggregate of 50 per cent in the Plus Two examinations, and letting him study for one whole year without the approval of Tamil Nadu Dr M G R Medical university.
Justice N Paul Vasanthakumar and Justice R Subbiah passed the order while disposing off a writ petition filed by the student seeking a direction to the university to approve his admission. The judges were also dealing with a writ appeal filed by the varsity challenging an interim order passed by a single judge on Dec 23 permitting the petitioner to pursue his studies and appear for examinations.
The Bench directed Ultra Trust, which manages Best Dental Science College situated at Tahsildar Nagar here, to pay the costs directly to the student. Ultra Trust was also ordered to repay the student the fee of Rs 1.35 lakh collected from him at the time of admission.
Overruling the judgement of a single judge, the Bench said it "could not approve irregular admissions on sympathetic grounds.
"The completion of course or writing of examination would not confer any right on a candidate who had been admitted, violating the statutory provisions", it held.
According to the university, a candidate must have scored an aggregate of 50 per cent marks in physics, chemistry and biology to be eligible for admission to Bachelor of Dental Science course during the academic year 2008-09. But the petitioner had scored only 46 per cent marks in those subjects.
On the other hand, the petitioner claimed that he was admitted to the college only after the chairman of the Trust assured him that 45 per cent aggregate marks in the three subjects was sufficient for admission.
The college let the petitioner study for one year before requesting the university in June 2009 to approve his admission and permit him to appear for examinations. The
university had refused to do so.