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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

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