State recruitment bodies may permit provisional participation of candidates lacking local statutory registration subject to formal undertakings to secure such registration post-selection, balancing administrative requirements with ease of access to employment.

O R D E R

09.01.2026

1. The Petitioner is a qualified dental practitioner registered with the Dental Council, Haryana. He seeks to participate in the recruitment process for the post of Junior Resident (Dental) at Dr. Ram Manohar Lohia Hospital.

2. The grievance arises from the Notice Inviting Applications which, at the threshold, requires possession of a Delhi Dental Council registration certificate or acknowledgement for appearing in the examination. It further requires a selected candidate to obtain permanent registration with the Delhi Dental Council before joining.

3. Mr. Shahreyear Khan, counsel for the Petitioner, submits that at the stage of application and examination, a candidate ought not to be compelled to secure Delhi registration when the outcome of the selection is uncertain. It is urged that the Petitioner be permitted to participate provisionally on the strength of his existing registration with the Haryana Dental Council, with an undertaking that, if selected, he shall obtain Delhi registration before joining.

4. Mr. Amit Tiwari, CGSC, appearing on behalf of the Respondents explains on instructions that the requirement of Delhi registration is rooted in two institutional concerns. First, professional regulation and disciplinary control ordinarily operate through the State Council where the practitioner is registered, and absence of local registration is said to impede prompt regulatory oversight in the event of misconduct. The scheme of the Dentists Act, 1948 recognises the role of State Dental Councils in maintaining registers and in acting against professional misconduct, including removal from the register after due process. Second, the hospital’s experience is that candidates who are not locally registered often seek time extensions after selection, which undermines the object of an appointment that is for a short tenure.

5. Heard. The Court notes that the Dentists Act, 1948 contemplates registration under State registers and also provides a statutory mechanism for transfer of registration from one State to another for a dentist practising in a different State. In the present matter, the parties have arrived at a workable arrangement that addresses both sets of concerns, without requiring this Court to return a conclusive finding on the validity of the impugned eligibility condition.

6. On instructions and without prejudice to rights and contentions, the Respondents state that they will permit the Petitioner to appear in the written examination scheduled for 11th January, 2026, provided the Petitioner files an undertaking (i) to apply for a No Objection Certificate to the Dental Council where he is presently registered within seven days from declaration of the result, and (ii) subject to selection and an intention to join, to secure transfer/registration with the Delhi Dental Council within fifteen days from declaration of the result and furnish proof to the hospital. Counsel for the Petitioner accepts this arrangement.

7. In view of the above, the petition is disposed of with the following directions:

(a) The Petitioner shall be permitted to appear for the written examination scheduled for 11th January, 2026. The Respondents shall issue the admit card to the Petitioner forthwith, subject to fulfilment of other notified requirements.

(b) The Petitioner shall file an affidavit before this Court by 10th January, 2026, with an advance copy to the Respondents, undertaking that, in the event he is selected, he shall apply for a No Objection Certificate from the Dental Council, Haryana within seven days from the date of declaration of the result.

(c) The affida