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2023 Supreme(Del) 1254
IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Shaikh Shabir Ali & Ors. – Appellants
Versus
Dental Council of India & Anr. – Respondents
W.P.(C) 2425 of 2023 & CM APPL. 9314 of 2023
Decided On : 03-03-2023
Mr. R.K. Saini, Mr. Dharmesh Tripathi, Advocates, for the Petitioners.
Mr. T. Singhdev, Ms. Anum Hussain, Mr. Abhijit Chakravarty, Mr. Tanishhq Srivastava, Mr. Bhanu Gulati, Advocates, for R-1.
Mr. Naginder Benipal, Advocate for UOI.
Courts should defer to the decisions of expert bodies, such as the Dental Council of India, in matters related to the regulation of professional qualifications and examinations.
Headnote:
Regulation No.11 - Dental Council of India Screening Test Regulations, 2009 - Clause 11 of the Screening Test Regulations, 2009, prescribes the pattern of the examination of Screening Test. The requirement that a candidate has to score 50% in each paper individually in the written examination to pass Paper-I & Paper-II of the Screening Test conducted by the Dental Council of India has been challenged in the writ petition as being discriminatory, unjust and having no nexus with the object sought to be achieved by the Dental Council of India by holding Screening Test in two parts.
Fact of the Case:
The Petitioners seek to quash Regulation No.11 of the Dental Council of India Screening Test Regulations, 2009, which requires candidates to score 50% in each of the two papers individually to qualify for appearing for viva-voce. The Petitioners had obtained dental qualifications from institutions outside India and were in the process of registration with the State Dental Council.
Finding of the Court:
The Court found that the purpose of the Screening Test is to standardize the quality of dentists practicing in the country and to ensure the ability of a candidate to objectively diagnose and treat dental patients. The Court held that the decision of the Dental Council of India to fix a minimum of 50% marks in each of the written test cannot be interfered with by Courts while exercising its jurisdiction under Article 226 of the Constitution of India.
Issues: The issues revolved around the challenge to the requirement of scoring 50% in each paper individually in the written examination and the alleged discriminatory nature of the regulation.
Ratio Decidendi: The Court emphasized the expertise of the Dental Council of India in formulating the Screening Test Regulations and the need for deference to the decisions taken by experts in the field of dentistry. It held that Courts should refrain from interfering in matters where opinions have been rendered by experts.
Final Decision: The Writ Petition was dismissed by the Court.
JUDGMENT
1. By way of this writ petition, the Petitioners seek to quash Regulation No.11 of the Dental Council of India Screening Test Regulations, 2009, which provides that a candidate in order to register himself with a State Dental Council has to take an examination and score 50% in each of the two papers (first stage) individually to qualify for appearing for viva-voce (second stage) of the examination as arbitrary, discriminatory and violative of Articles 14, 19 and 21 of the Constitution of India.
2. It is stated that Petitioner No.1 herein had obtained Degree/Diploma in Stomatology (five year course), which is equivalent to Bachelor of Dentistry (BDS) from the State Educational Institution of Higher Professional Education "Tver State Medical Academy of the Federal Agency for Community Health and Social Development" 2007, Russia.
3. It is stated that Petitioner No.2 herein had obtained Degree/Diploma in Bachelor of Dentistry (BDS) (five year course) from the Universal College of Medical Sciences Bhairahawa, Nepal (Tribhuvan University) in the year 2013, Nepal with one year rotatory internship.
4. It is stated that Petitioner No.3 herein had obtained Degree/Diploma in Stomatology (five year course), which is equivalent to Bachelor of Dentistry (BDS) from the Nizhny Novgorod State Medical Academy in the year 2015, Russia.
5. It is stated that the Petitioners are desirous of getting themselves registered with the State Dental Council and were in the process of registration. The Dental Council of India with the previous sanction of the Central Government has brought out the Dental Council of India Screening Test Regulations, 2009 (hereinafter referred to as 'the Screening Test Regulations, 2009). Clause 11 of the Screening Test Regulations, 2009, prescribes the pattern of the examination of Screening Test. Clause 11 of the Screening Test Regulations, 2009 reads as under:-
"Distribution of subject and marks for BDS graduates
| Subject | No. of MCQs for BDS | Subject | No. of MCQs for BDS |
| Paper I | Paper II | ||
| Anatomy | 10 | Dental Anatomy & Histology | 10 |
| Physiology | 10 | Dental Materials | 10 |
| Biochemistry | 10 | Oral Pathology | 10 |
| Microbiology | 10 | Oral Microbiology | 10 |
| Pathology | 10 | Oral Medicine | 10 |
| Pharmacology | 10 | Oral Radiology | 10 |
| General Medicine | 20 | Oral Surgery | 10 |
| General Surgery | 20 | Periodontics | 10 |
| Orthodontics | 10 | ||
| Community/Public Heath Dentistry | 10 | ||
| Pedodontics and Preventive Dentistry | 10 | ||
| Prosthodontics Crown & Bridge | 20 | ||
| Conservative Dentistry & Endodontics | 20 | ||
| Total Questions | 100 | Total Questions | 150 |
BDS Paper II- Speciality Questions in the respective subjects -- 150
(i) Duration of Paper-I is 120 Minutes & paper II is 180 Minutes.
(ii) Each question carries one mark.
(iii) There will be no negative marking.
(iv) There will be no grace marks.
(v) The candidate has to score 50% in each paper individually to qualify for appearing in the viva- voce examination.
BDS- Viva-voce examination - 50
The candidate has to separately score 50% in the viva- voce examination
Examiners for Viva-Voce Examination for BDS
There shall be two examiners for Viva-Voce, out of whom, one internal from examining university and one external from any other university. The qualification of examiners appointed for viva-voce for recognition of foreign UG/PG dental qualification would be at par with the qualification prescribed for examiners in the DCI Revised BOS Course Regulations, 2007 and MOS Course Regulations, 2007 and 2017, as amended from time to time.
The criteria to declare pass the Screening Test The candidate shall have to pass both the theory paper and Viva-Voce separately. In case, any candidate does not qualify a theory paper shall not be allowed to appear in the Viva-Voce and the candidate who fails in Viva-Voce or in one paper of theory shall have to reappear in both the theory paper and Viva-Voce also. The PG students who have to undergo and complete the 12th weeks Compulsory Clinical Competence Training shall be entitled for his add on qualification for its registration with respective State Dental Council.
The following in
