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Judgment
DISTRIBUTION OF MDS SEATS & COLLEGES (A.C. RESOLUTION NO. 70(27) DATED 09.11.2009),,,,,,,,,,,,,,
,,"Roster point 1 exhausted in the subject Periodontology (MAIDS), Year 2019, PWD
Roster point 2 exhausted at S.No. 21 in the subject Paedodontics & Preventive
Dentistry (MAIDS), Year 2019",,,,,,,,,,,,
S.No.,PwD Roster,ROSTER POINT,"Category
Earmarked",College /Instt,"Remarks, If
any",Speciality,,,,,,,,
23,,2,UR,MAIDS,,"Prosthodontics
and Crown &
Bridge",,,,,,,,
24,,3,UR,MAIDS,,"Public Health
Dentistry",,,,,,,,
25,,4,OBC,MAIDS,,"Conservative &
Endodontics",,,,,,,,
26,,5,UR,MAIDS,"Permitted
seat","O r a l and
Maxillofacial
Surgery
LHMC = 1*
MAIDS= 1
TOTAL= 2",,,,,,,,
27,,6,UR,MAIDS,,,,,,,,,,
28,,7,SC,MAIDS,,"O r a l Medicine
& Radiology",,,,,,,,
29,,8,OBC,MAIDS,,Oral Pathology,,,,,,,,
30,,9,UR,MAIDS,,"Orthodontics &
Dentofacial
Orthopaedics",,,,,,,,
31,,10,UR,MAIDS,,"Paedodontics &
Preventive
Dentistry
MAIDS = 1
UCMS = 1",,,,,,,,
32,,11,UR,MAIDS,,,,,,,,,,
Cadre
Strength","Initial
Recruitment","Replacement
No.",,,,,,,,,,,,
,,1st,2nd,3rd,4th,5th,6th,7th,8th,9th,10th,11th,12th,13th
1,UR,UR,UR,OBC,UR,UR,SC,OBC,UR,EWS,UR,OBC,SC,ST
2,UR,UR,OBC,UR,UR,SC,OBC,UR,EWS,UR,OBC,SC,ST,
3,UR,OBC,UR,UR,SC,OBC,UR,EWS,UR,OBC,SC,ST,,
4,OBC,UR,UR,SC,OBC,UR,EWS,UR,OBC,SC,ST,,,
5,UR,UR,SC,OBC,UR,EWS,UR,OBC,SC,ST,,,,
6,UR,SC,OBC,UR,EWS,UR,OBC,SC,ST,,,,,
7,SC,OBC,UR,EWS,UR,OBC,SC,ST,,,,,,
8,OBC,UR,EWS,UR,OBC,SC,ST,,,,,,,
9,UR,EWS,UR,OBC,SC,ST,,,,,,,,
10,EWS,UR,OBC,SC,ST,,,,,,,,,
11,UR,OBC,SC,ST,,,,,,,,,,
12,OBC,SC,ST,,,,,,,,,,,
13,SC,ST,,,,,,,,,,,,
2,Dental,"Delhi
(NCT)","Delhi
University","Maulana
Azad
Institute of
Dental
Sciences,
Delhi","ORAL
PATHOLOGY",Degree,OBC,,1,,,,,
3,Dental,"Delhi
(NCT)","Delhi
University","Maulana
Azad
Institute of
Dental
Sciences,
Delhi",PROSTHETICS,Degree,SC,,1,,,,,
4,Dental,"Uttar
Pradesh","Banaras
Hindu
University","IMS BHU
Dental,
Varanasi","PEDODONTIS
AND
PREVENTIVE
SURGERY",Degree,ST,,1,,,,,
Total Seats,,,,,,,,,4,,,,,
Roll No,RANK,"Allotted
Categor","Candidate
Name",Course Name,"Online
Admission
Date","Physically
Reported in
MAIDS on",Remarks,,,,,,,
1955219319,161,OBC,"MOHIT
MACHIWAL","OPERATIVE
CONSERVATIVE
DENTISTRY",Apr 16 2020,24.06.2020,-,,,,,,,
1955219642,186,UR,"CHAYANIKA
SHARMA","O R A L AND
MAXILLOFACIAL
SURGERY",Apr 16 2020,"Not reported
physically",-,,,,,,,
1955218633,190,OBC,"NASREEN
ANSARI",PERIODONTIA,Apr 16 2020,,"Upgraded
(See Round-
2 table)",,,,,,,
1955219329,151,UR,"NEHA
CHAUHAN","EDODONTICS
AND
PREVENTIVE
SURGERY",Apr 16 2020,,"Upgraded
(See Round-
2 table)",,,,,,,
1955219578,1899,SC,NIKITA,"ORAL MEDICINE
AND
RADIOLOGY",Apr 20 2020,,"Upgraded
(See Round-
2 table)",,,,,,,
1955219424,47,UR,"AISHWARYA
SAINI",PROSTHETICS,Apr 20 2020,25 June 2020,,,,,,,,
1955219426,60,UR,"SHRUTI
MATHUR",ORTHODONTIA,Apr 20 2020,19 June 2020,,,,,,,,
1955220637,362,UR,"SONAL
BHATIA","PREVENTIVE
AND SOCIAL
DENTISTRY",Apr 20 2020,24 June 2020,,,,,,,,
S. No.,Roster Point,College,Category,Correct,,,,,,,,,,
,,,assigned by,assignment as,,,,,,,,,,
,,,Delhi Univ.,per 13-Point,,,,,,,,,,
,,,,Roster,,,,,,,,,,
23,2,MAIDS,UR-1,UR-1,,,,,,,,,,
24,3,MAIDS,UR-2,UR-2,,,,,,,,,,
25,4,MAIDS,OBC-1,OBC-1,,,,,,,,,,
26,5,LHMC,UR-3,UR-3,,,,,,,,,,
27,6,MAIDS,UR-4,UR-4,,,,,,,,,,
28,7,MAIDS,SC-1,SC-1,,,,,,,,,,
29,8,MAIDS,OBC-2,OBC-2,,,,,,,,,,
30,9,MAIDS,UR-5,UR-5,,,,,,,,,,
31,10,MAIDS,UR-6,EWS,,,,,,,,,,
32,11,MAIDS,UR-7,UR-6,,,,,,,,,,
32,12,UCMS,OBC-3,OBC-3,,,,,,,,,,
33,13,MAIDS,EWS-1,SC-2,,,,,,,,,,
34,14,MAIDS,SC-2,ST,,,,,,,,,,
Dental Council of India,",,,,,,,,,,,,,,
Aiwan-E-Galib Marg,",,,,,,,,,,,,,,
Kotla Road,",,,,,,,,,,,,,,
New Delhi â€" 110002,,,,,,,,,,,,,,
Sub: Implementation of reservation of 10% seats in Postgraduate (PG) Courses for the Economically Weaker Section (EWS) candidates by enhancing,,,,,,,,,,,,,,
of PG seats in the existing Dental Colleges/Institutes u/s 10A of the Dentists Act, 1948 for the academic session 2020-2021- Regarding.",,,,,,,,,,,,,,
….,,,,,,,,,,,,,,
Sir,",,,,,,,,,,,,,,
With reference to your letter No. DE-MDS(Gen)Admission-2019/1219 dated 23.5.2019 on the subject cited above, I am to inform that it has been",,,,,,,,,,,,,,
decided to increase the intake of BDS seats by 25% in the year 2020-2021 in one go. At present, MAIDS has 18 MDS seats, to implement 10%",,,,,,,,,,,,,,
reservation, we propose to increase 04 seats at PG level for the academic session 2020-2021. One seat each at PG level will be increased in (i)",,,,,,,,,,,,,,
Prosthodontics, (ii) Conservative Dentistry & Endodontics (iii) Orthodontics (iv) Periodontics Dept(s) Specialities.",,,,,,,,,,,,,,
Further, MAIDS has 40 BDS seats, to implement the reservation of 10% seats, we propose to increase 10 seats at BDS level during the academic",,,,,,,,,,,,,,
session 2020-21. Sufficient infrastructure is available to increase the 10 seats. Moreover, upcoming Phase-II Project of MAIDS having 12 storey",,,,,,,,,,,,,,
building is likely to be handed over by PWD to MAIDS in September, 2019.",,,,,,,,,,,,,,
The requisite information in the prescribed format is being sent herewith to Dental Council of India for necessary action. The reservation formula for,,,,,,,,,,,,,,
increased seats is also enclosed for your approval.,,,,,,,,,,,,,,
Yours faithfully,",,,,,,,,,,,,,,
Encls: As above.,,,,,,,,,,,,,,
Sd/-,,,,,,,,,,,,,,
(Dr. Mahesh Verma),,,,,,,,,,,,,,
Director-Principal,,,,,,,,,,,,,,
Copy to:-Asstt. Registrar (Medical), Faculty of Medical Sciences, University of Delhi â€" with reference to his email on the subjectâ€",,,,,,,,,,,,,,
B. The Decision of the DCI dated 28th January, 2020",,,,,,,,,,,,,,
“No.DE-15(101)-Academic-(MDS)-2019/7830 Dated 30 January, 2020",,,,,,,,,,,,,,
To,",,,,,,,,,,,,,,
The Secretary to the Govt. of India,,,,,,,,,,,,,,
Ministry of Health & Family Welfare,",,,,,,,,,,,,,,
Department of Health (DE Section),,,,,,,,,,,,,,
Maulana Azad Road, Nirman Bhawan,",,,,,,,,,,,,,,
New Delhi- 110011,,,,,,,,,,,,,,
Sub:- Implementation of reservation of 10% seats in postgraduate Courses for the Economically Weaker Section (EWS) candidates by enhancing,,,,,,,,,,,,,,
seats in the existing Dental Colleges/Institutes u/s 10A of the Dentists Act, 1948 for the academic session 2020-2021 at Maulana Azad Institute of",,,,,,,,,,,,,,
Dental Sciences, New Delhi-reg.",,,,,,,,,,,,,,
Sir,",,,,,,,,,,,,,,
I am directed to say that the Executive Committee of the DCI in its meeting held on 28.01.2020 considered letter No. F4(37)/MAIDS/Aca/Incr. BDS,,,,,,,,,,,,,,
seats/2019/1324-25 dated 4.6.2019 from the Director Principal Maulana Azad Institute of Dental Sciences, New Delhi thereby requesting for",,,,,,,,,,,,,,
implementation of reservation of 10% seats in postgraduate Courses for the Economically Weaker Section (EWS) candidates by enhancing seats in,,,,,,,,,,,,,,
the existing Dental Colleges/Institutes u/s 10A of the Dentists Act, 1948 for the academic session 2020-2021 applied 4 seats in four subjects in the",,,,,,,,,,,,,,
specialities of (i) Prosthodontics and Crown & Bridge from 2 to 3 seats (ii) Conservative Dentistry & Endodontics from 2 to 3 seats (iii) Orthodontics,,,,,,,,,,,,,,
& Dentofacial Orthopedics from 2 to 3 seats (iv) Periodontology from 2 to 3 seats.,,,,,,,,,,,,,,
The Executive Committee after some discussion accepted the suggestions of Sub-Committee (13 & 14.1.2020) and decided as under:-,,,,,,,,,,,,,,
The Executive Committee recommends to the Central Government to grant its permission to Maulana Azad Institute of Dental Sciences, New Delhi,",,,,,,,,,,,,,,
to enhance the 10% seats i.e. total 4 seats for the academic year 2020-2021 in respect of the four subjects of MDS Courses viz (i) Prosthodontics and,,,,,,,,,,,,,,
Crown & Bridge from 2 to 3 seats (ii) Conservative Dentistry & Endodontics from 2 to 3 seats (iii) Orthodontics & Dentofacial Orthodontics &,,,,,,,,,,,,,,
Dentofacial Orthopedics from 2 to 3 seats (iv) Periodontology from 2 to 3 seats against the total 18 existing seats which are approved/recognized by,,,,,,,,,,,,,,
GOI in compliance to One Hundred and Third Amendment in the Constitution of India to implement the reservation of 10% seats in Postgraduate,,,,,,,,,,,,,,
Courses for the Economically Weaker Section (EWS) candidates in the existing Government Dental Colleges/Institutes.,,,,,,,,,,,,,,
The Principal of Maulana Azad Institute of Dental Sciences, New Delhi be directed to obtain an undertaking from Competent Authority of the",,,,,,,,,,,,,,
Government of NCT of Delhi to the effect that they will ensure to fulfil all the requirements as per DCI MDS Course Regulations, 2017 viz.",,,,,,,,,,,,,,
infrastructure, teaching staff, equipments etc. for above increased annual intake capacity as prescribed by Dental Council of India by the time the said",,,,,,,,,,,,,,
increase intake capacity of the college comes up for recognition and furnish to this Council within one month positively.,,,,,,,,,,,,,,
The Principal of Maulana Azad Institute of Dental Sciences, New Delhi, the Secretary of Medical Education and Health Departments of the Govt. of",,,,,,,,,,,,,,
NCT of Delhi as well as the Directorate of Medical Education of the Govt. of NCT of Delhi, may also be informed for necessary action.",,,,,,,,,,,,,,
The above decision of the Executive Committee of the DCI is forwarded to the Govt. of India, for information and necessary action.",,,,,,,,,,,,,,
Moreover, a copy of the (i) letter No. F4(37)/MAIDS/Aca/Incr. BDS seats/2019/1324-25 dated 4.6.2019 from the Director Principal Maulana Azad",,,,,,,,,,,,,,
Institute of Dental Sciences, New Delhi is attached herewith for your ready reference.",,,,,,,,,,,,,,
Yours faithfully,",,,,,,,,,,,,,,
Sd/-,,,,,,,,,,,,,,
(Anil Kumar),,,,,,,,,,,,,,
Assistant Secretary,,,,,,,,,,,,,,
Dental Council of India,,,,,,,,,,,,,,
Copy for information and necessary action to:-,,,,,,,,,,,,,,
The Principal, Maulana Azad Institute of Dental Sciences, New Delhi.",,,,,,,,,,,,,,
The Secretary (Health & FW), Department of Health & Family Welfare, Government of NCT of Delhi, Room No. A-907, A Wing, 9th Level,",,,,,,,,,,,,,,
Delhi Secretariat, I.P. Estate, New Delhi â€" 110002.",,,,,,,,,,,,,,
The Director Health Services, Directorate of Health Services, F-17, Karkardooma, Delhi- 110032",,,,,,,,,,,,,,
Sd/-,,,,,,,,,,,,,,
(Anil Kumar),,,,,,,,,,,,,,
Assistant,,,,,,,,,,,,,,
Secretary,,,,,,,,,,,,,,
Dental Council of India,,,,,,,,,,,,,,
O.C.,,,,,,,,,,,,,,
The President, Dental Council of India, New Delhi.",,,,,,,,,,,,,,
No. OE-55-2019 (EC-28.01.2020)/Item No. 5(18).â€,,,,,,,,,,,,,,
After going through the record placed before us and after considering the arguments advanced by learned counsel for parties, this Court is of the",,,,,,,,,,,,,,
opinion that Constitutional amendments are to be implemented forthwith and are not to be implemented at the whims and fancies of the officials of,,,,,,,,,,,,,,
respondents who did not release the requisite additional seats before the first round of counselling.,,,,,,,,,,,,,,
In any event, as per the roster prepared for the second round of counselling after taking into account the increase in seats and 103rd (One hundred",,,,,,,,,,,,,,
third) Amendment to the Constitution, roster seat No.10 was earmarked for a EWS candidate (one seat). However, as this Court was informed that",,,,,,,,,,,,,,
no EWS candidate had been admitted in first round of counselling in MAIDS in Postgraduate course in MDS-2020, this Court vide its judgment and",,,,,,,,,,,,,,
order dated 10th June, 2020 directed that the first vacant seat be allotted and filled through EWS quota as per merit. After the EWS quota had been",,,,,,,,,,,,,,
filled up, the thirteen point roster was directed to be implemented further. Consequently, vide judgment and order dated 10th June, 2020, this Court had",,,,,,,,,,,,,,
not substituted an ST seat with EWS seat, but had „squeezed in†a seat for the EWS quota in accordance with the 103rd (One hundred third)",,,,,,,,,,,,,,
Constitutional Amendment and in consonance with the intent behind the decision to increase seats in postgraduate course by MAIDS, DCI and UOI.",,,,,,,,,,,,,,
It was, however, clarified in the judgment and order dated 10th June, 2020 that in the event an unreserved candidate surrenders his/her seat then",,,,,,,,,,,,,,
the same shall be allotted to the EWS quota and thereafter the admission shall take place according to the thirteen point roster as an extra unreserved,,,,,,,,,,,,,,
candidate had been admitted in first round of counselling inasmuch as the 10th (Tenth) seat in the thirteen point roster should have gone to the EWS,,,,,,,,,,,,,,
and not to the unreserved category candidate. Consequently, it was clarified that in the event an unreserved category candidate surrenders or vacates",,,,,,,,,,,,,,
his/her seat then the same shall be allotted to the EWS quota candidate and thereafter admission, meaning thereby roster seat No.13 and 14, shall go",,,,,,,,,,,,,,
to SC and ST quota candidates respectively.,,,,,,,,,,,,,,
From the affidavits placed on record in the present review application by the parties impleaded on 26th June, 2020 (i.e. last date of hearing), it now",,,,,,,,,,,,,,
transpires that roster seat No.10 (Ten) which should have been allocated to EWS candidate in first round of counselling had been taken away by Ms.,,,,,,,,,,,,,,
Neha Chauhan (as luck would have it) as an unreserved candidate, even though she is an EWS candidate.",,,,,,,,,,,,,,
In fact, if the roster of first round of counselling had been prepared after the release of additional seats by respondents, the seat No.10 would have",,,,,,,,,,,,,,
gone to EWS candidate and as Ms. Neha Chauhan is the most meritorious candidate in EWS category, the said seat is declared by this Court to be in",,,,,,,,,,,,,,
EWS category and duly filled in by her admission.,,,,,,,,,,,,,,
If the above course is followed, then the mandate of 103rd (One Hundred Third) Constitutional amendment stands fulfilled and thereafter roster",,,,,,,,,,,,,,
seats No.13 and 14 would go according to the initial roster prepared by the respondents for second counselling to SC and ST candidates.,,,,,,,,,,,,,,
Accordingly, present review application is allowed and the judgment and order dated 10th June, 2020 is recalled and the result of second round of",,,,,,,,,,,,,,
counselling conducted by respondents is set aside. Respondents are now directed to hold second round of counselling in off-line mode for roster seats,,,,,,,,,,,,,,
No.13 and 14 for filling the SC and ST candidate respectively as per merit in accordance with the new thirteen point roster prepared after taking into,,,,,,,,,,,,,,
consideration the EWS seat. The second round of counselling be held for these two vacant seats on 08th,,,,,,,,,,,,,,
The review application stands disposed of accordingly.,,,,,,,,,,,,,,
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.,,,,,,,,,,,,,,