2022 Supreme(Online)(Kar) 55452
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON9BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.20079 OF 2021 (EDN)
BETWEEN
DR. PEYMAN GOLSHANARA
S/O. HAMID REZON
AGED 37 YEARS,
R/AT PARCEL LOCKER
1014747519 3A, REEF PLAZA
16 PALUMA ROAD
CANNONVALE QLD-4802
AUSTRALIA.
&PETITIONER
(BY SRI. RAJESH K.S., ADVOCATE)
AND
1.
STATE OF KARNATAKA
PRINCIPAL SECRETARY
HIGHER EDUCATION DEPT.
M.S. BUILDING,
BENGALURU - 560 001.
2. REGISTRAR
KARNATAKA DENTAL COUNCIL
NO.143, 5TH MAIN ROAD,
CHAMARAJPET
BENGALURU
KARNATAKA - 560 018.
3. REGISTRAR,
RAJIV GANDHI OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU - 560 041
2
4.
THE PRINCIPAL
DAYANANDA SAGAR COLLEGE OF
DENTAL SCIENCES
SHAVIGE MALLESHWARA HILLS
KUMARSWAMY LAYOUT
BANGALORE - 560 078.
5. SECRETARY
DENTAL COUNCIL OF INDIA
J6MP+G22, AIWAN-E-GALIB MARG,
KOTLA ROAD, TEMPLE LANE,
NEW DELHI, DELHI - 110 002.
&RESPONDENTS
(BY SMT. A.R. SHARADAMBA, AGA FOR R1,
SMT. FARAHA FATHIMA, ADV. FOR R3
SRI. ADITYA BHAT FOR SRI. G.S. BHAT, ADVOCATES
FOR R5, R2 AND R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO
DIRECT
RESPONDENT
NO.2
TO
GIVE
THE
OPPORTUNITY TO PETITIONER FOR REGISTRATION OF HIS
DENTAL COURSE WHO HAD JOINED THE RESPONDENT
NO.4-INSTITUTION WITH AFFILIATION OF RESPONDENT
NO.3 MAY PERMIT THE PETITIONER TO ISSUE THE SAME
AT THE EARLIEST.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
In this amended writ petition, the petitioner has
sought for the following reliefs :
(a) Issue a writ in nature of certiorari by quashing
the
impugned
reply
of
rejecting
the
3
representations of the petitioner for registration
of his dental course by the Respondent No.2
dated 26.11.2019 the same is produced as
Annexure - C and by the Respondent No.5
dated 26.10.2019 the same is produced as
Annexure - D.
(b) Also kindly to direct and issue the writ in nature
of Mandamus or any other appropriate writ by
directing the respondents No.4 and 5 to issue
the Registration Certificate of Dental Course to
the petitioner who had joined the respondent
No.4 institution with affiliation of respondent-3
may permit the petitioner to issue the same at
the earliest in the interest of justice.
2.
Heard the learned counsel for the petitioner
and the learned Addl. Government Advocate and the
learned counsel for the impleading respondent and
perused the material on record.
3.
The material on record discloses that the
petitioner who originally belongs to Iran, completed
his Bachelor of Dental Science course from Dayananda
Sagar Institute of Medical Sciences/respondent No.4 -
4
College in the year 2012 as evident by the Course
completion certificate. Subsequently, the petitioner
completed his internship as can be seen from the
transcript dated 05.12.2014 issued by the aforesaid
College as well as the Degree Certificate dated
25.03.2013 issued in his favour. It is the grievance of
the petitioner that when he shifted to Australia to
pursue higher studies there, his request for issuance
of Registration Certificate from the Karnataka State
Dental Council and Central Dental Council has been
declined by the respective council on the ground that
he is not a citizen of India and as such the petitioner
is before this court by way of the present writ petition.
Per contra, the learned counsel for the
respondents submits that there is no merit in the
petition and the same is liable to the dismissed.
5.
A perusal of the material on record and
provision of the Dentist Act, 1948 in particular
5
Sections 32 to 34 clearly indicates that the petitioner,
not being an Indian citizen, would not be entitled to
registration for the purpose of practicing as a Dentist
in India under the Dentists' Act, 1948. However,
having regard to the fact that it is the specific
contention of the petitioner that he does not intend to
practice as a Dentist in India coupled with the fact
that he requires relevant documents only for the
limited/restricted purpose of pursuing his higher
studies in Australia as called upon by the Australian
Dental Council vide Communication dated 23.07.2021,
I deem it just and appropriate to dispose of this
petition directing Respondent No.5 - Dental Council of
India, to issue appropriate documents, declaring that
the petitioner has completed his BDS, internship etc.,
in India from Rajiv Gandhi University of Health
Sciences and that he is eligible and entitled to pursue
further studies in Australia, without reference to
Annexures C, and D issued by Respondent Nos.2 and
6
5 respectively as expeditiously as possible and at any
rate within a period of 3 weeks from the date of
receipt of a copy of this order.
6.
Further, liberty is reserved in favour of the
petitioner to request Australian Dental Council to
recognize the aforesaid documents to be issued by the
Dental Council of India for the purpose of enabling the
petitioner to pursue higher education in Australia.
With the aforesaid observations, writ petition
stands disposed off.
Sd/-
JUDGE
snc