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2013 Supreme(Mad) 3988

S.NAGAMUTHU
Nizvy Sunil Prakash – Appellant
Versus
Secretary, Dental Council of India – Respondent


Advocates Appeared:
For the Petitioner:T. Lajapathi Roy, Advocate.
For the Respondents:R1, K.K. Senthilvelan, Assistant Solicitor General of India, R2, M. Murugan, Government Advocate, R3 & R4, C. Karthik, Advocate, R5, No Appearance, Isaac Mohanlal, Amicus Curiae.

Judgment :

1. Challenge in these writ petitions is to the constitutional validity of a clause in the “Dental Council of India Revised B.D.S. Course Regulations, 2007”, prescribing three years upper time limit for a student to successfully complete the I Year B.D.S., University examination, from the date of admission in the course.

2. The petitioners in all these writ petitions joined the Bachelor’s Degree in Dental Science (B.D.S.,) course during the academic year 2009-2010 in the 5th Respondent College which is affiliated to “The Tamil Nadu Dr. M.G.R. Medical University”. The said course is governed by “Dental Council of India Revised B.D.S. Course Regulations, 2007” which has been issued by the Dental Council of India with the previous sanction of the Central Government in exercise of the power conferred under Section 20 of the Dentists Act.

3. As per the impugned clause in the scheme, any student, who does not clear the I Year B.D.S. University examination in all the subjects within three years from the date of admission shall be discharged from the course. For better understanding, let us now reproduce the said clause which reads as follows:

“Scheme of Examination:

The scheme of exa





















































































































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