Back
IN THE SUPREME COURT OF INDIA
R.V. RAVEENDRAN and H.L. GOKHALE
SOHAM MAYANKKUMAR VYAS & ORS. Petitioners
VERSUS
UNION OF INDIA & ORS. Respondents
WRIT PETITION (CIVIL) NO. 172 OF 2010
Decided on : SEPTEMBER 28, 2010.
(b) Dentists Act, 1948 – Section 10(1) and (4), and Part I and III of the Schedule – Dental college situated outside India, but authority granting qualification recognized by Central Government situated in India – Recognition governed by Section 10(1) – To be enumerated in Part I of the Schedule – Dental qualification granted by authority or institution outside India recognized under section 10(4) and included in Part-III of the Schedule – Person possessing such qualification entitled to registration under the Dentists Act. (Para 15)
(c) Dentists Act, 1948 – Section 10(1) and (4), and Part I and III of the Schedule – BDS degree granted by Bhavnagar University to students of Manubhai Patel Dental College and Hospital, Vadodara, Gujarat – Shown at Sl.No.62 in Part I of the Schedule – Recognised – Course pursued at Mauras college not listed in Entry 62, Part I under Bhavnagar University – BDS degree of Bhavnagar University is recognised, but course pursued at Mauras college neither recognised not treated as having prior permission of Central Government – Mauras College required to take steps to get its name entered in Entry 62 of Part I – After that the students of Mauras college will not be required to undergo screening test – However till then these dental doctors will have to take screening test. (Para 16, 17, 19)
Facts of the case:
Mauras College of Dentistry, Hospital and Oral Research Institute" situated at Mauritius. Mauras College is affiliated to Bhavnagar University, Gujarat.
Union of India required the students passing out of Mauras College with BDS degree to appear for screening test.
This notification has been challenged in these writ petitions.
Finding of the Court:
As it stands, BDS course of Mauras college neither recognised not treated as having prior permission of Central Government. Until and unless the college gets its BDS course included in Entry 62, Part I of the Schedule, its students shall have to take screening test for practicing in India.
Result:
Appeal allowed with observations.
ORDER
R.V. RAVEENDRAN J.
Counter of first respondent-Union of India filed in court. Heard.
2. The petitioners in W.P. [C] No.172 of 2010 are the students admitted in the year 2006-07 to BDS course conducted by the "Mauras College of Dentistry, Hospital and Oral Research Institute" situated at Mauritius (for short "Mauras College"). The said Mauras College is the first petitioner and one of its students admitted to BDS course in 2005-06 is the second petitioner in W.P.(C)No.202/2010. Mauras College is affiliated to Bhavnagar University, Gujarat (for short `the University').
3. The brief facts leading to these writ petitions are as under:
3.1) Mauras College sought affiliation with Bhavnagar University. The Government of Gujarat and the Dental Council of India had initially some reservation about a college situated in a foreign country seeking affiliation with the Bhavnagar University in India. Subsequently, however, the Government of Gujarat granted a `No Objection Certificate' on 18.2.2003 for setting up the Mauras College affiliated to the said University, subject to prior permission from Dental Council of India and Ministry of External Affairs. The Ministry of External Affairs, Government of India, granted the necessary clearance for setting up the college on 28.8.2003.
3.2) The representatives of the Dental Council of India and the Bhavnagar University visited the Mauras College at Mauritius and satisfied themselves that the College met with the infrastructural and other requirements prescribed by Dental Council of India for grant of permission to establish the Dental College and for grant of affiliation. The Dental Council of India recommended to the Government of India, that Mauras College be approved. On the recommendation of the Academic Council and Executive Council of the University, the Government of Gujarat granted affiliation of Mauras College to the Bhavnagar University for the academic year 2004-05 and renewed the affiliation for 2004-05 and 2005-06.
3.3) The Mauras College follows the syllabus and the method of teaching prescribed by the Bhavnagar University consistent with the guidelines and regulations of Dental Council of India. The examinations for the BDS course of Mauras College are conducted in Mauritius, by the examiners from the Bhavnagar University deputed from India, exactly at the same time as examinations held in respect of the other Dental College/s in India affiliated to the University.
3.4) The State of Gujarat issued a show cause notice dated 7.1.2006 to the University as to why the affiliation granted to the Mauras College should not be cancelled. The Mauras College filed a Writ Petition [W.P.(Civil) No.57 of 2006] in this court, praying for a direction that its affiliation to the Bhavnagar University shall not be cancelled by the State of Gujarat. During the hearing of the said writ petition by this court, the Union of India and Bhavnagar University confirmed that the statutory inspections of Mauras College at Mauritius had already been conducted and the College was found to be running with requisite infrastructure and facilities, and therefore the recognition and affiliation could be granted. In view of it, this Court allowed the writ petition by order dated 13.7.2009 and directed that the Mauras College shall be taken as affiliated to Bhavnagar University. In pursuance of it the State of Gujarat and the University proceeded on the basis that the Mauras College was affiliated to the University.
4. The Dentists Act, 1948 (`Act' for short) was enacted with the object of regulating the profession of dentistry and for that purpose to constitute the Dental Councils. The Act vests in the Central Government, the power to recognize dental qualifications. The Act also requires prior permission of the Central Government for establishing any new dental college. Section 2(j) defines `recognized dental qualification' as any of the qualifications included in the Schedule to the Act.
4.1) Section 10 of the Ac
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
