Excelsior Correspondent
JAMMU, Aug 5: State High Court has dismissed petitions challenging provisions of Jammu University Statutes regarding first Professional BDS examination.
The case of the petitioners was that the vires of Statue 9.1 of Jammu University was contrary to the Dental Council of India Regulations. It was averred that under DCI Regulations Physiology and Biochemistry is one subject whereas under Jammu University Statutes these have been shown as two different subjects.
“The Statutes of the University are not in consonance with the DCI regulations and it is due to the same that the provisional admission to Second Professional Exam was cancelled by the Principal of the Institute of Dental Sciences, Sehora”, the counsels for the petitioners submitted.
Had there been one subject they would have been allowed to continue in 2nd Professional BDS course and they would not have been reverted to Ist Professional, they further submitted.
“Since University is being governed by own Statutes, the DCI regulations are not binding upon the University”, Advocate Wasim Sadiq Nargal appearing for University argued, adding “the University is within its powers to frame Statutes approved by University Council and notified by the Notifications dated 06/11/10 wherein Physiology and Biochemistry have been shown as two subjects instead of one”.
“Since both the petitioners have failed in more than one subject of first Professional they were reverted to first Professional and there provisional admission to second Professional was cancelled in consonance with Statutes 16.1 of University Statutes”, he said.
In view of the statement made by the University counsel and affidavit filed by the petitioners, Justice J P Singh dismissed both the petitions leaving the University free to take appropriate decision on permitting the petitioners to take second professional BDS course supplementary examination in accordance with University statutes.
In another similar case involving same controversy, High Court dismissed the petition with the liberty to the petitioners to approach the University to seek its reconsideration for permitting them to appear in 2nd Professional BDS examination by filing detailed representation. The Court directed that as and when the representation is filed by the petitioner, the same should be considered by the University in accordance with the University Statutes and on the grounds pleaded in the representation.
With these observations, High Court also dismissed third petition.
Advocates Ajay Sharma, Romeshwar Jamwal and R S Jamwal appeared for the petitioners.
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