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2025 Supreme(Online)(Raj) 11130
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DINESH MEHTA, J
Javed Khan – Appellant
Versus
The Dental Council Of India – Respondent
S.B. Civil Writ Petition No. 16667/2023
For the Appellants/Petitioners: Mr. Ankur Mathur
For the Respondents: Mr. S.S. Rathore, AAG assisted by Mr. Pravin Kumar Choudhary, Mr. Mahendra Vishnoi, Mr. AA Bhansali
The Court affirmed that the consequences of irregular admissions must be addressed with fines and strict future compliance to admission standards.
Headnote:Statute Analysis indicates the applicability of relevant educational statutes based on case precedents. The facts pertain to a writ petition by the petitioners challenging admissions regulated by dental councils. The Court found that the petitioners' situation parallels a prior ruling, thus determining they must each pay a fine. The Court emphasized the importance of strict compliance in future abidance of admission criteria.
Result: 'The stay application also stands disposed of, accordingly.'
| Table of Content |
|---|
| 1. the issue involves the legality of admissions. (Para 1 , 2) |
| 2. the court recognized the similarity to a previous ruling. (Para 3 , 4) |
| 3. the financial penalty and subsequent steps for issuance of degrees. (Para 5 , 6) |
| 4. utilization of fines for educational purposes. (Para 7 , 8 , 9) |
| 5. emphasis on stricter actions against future admissions irregularities. (Para 10 , 11) |
Order
22/05/2025
1. Mr. Mathur, learned counsel for the petitioners submitted that the issue involved in the present writ petition is squarely covered by judgment dated 03.04.2025 passed by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.1988/2021 (Pooja Punaram Patel & Ors. Vs. Rajasthan University of Health Sciences & Anr.).
2. Mr. Rathore, learned Additional Advocate General appearing for the Dental Council of India (hereinafter referred to as ‘DCI’) and Mr. Vishnoi appearing for the University submitted that the case is not exactly identical to the case of Pooja Punaram Patel (supra).
3. Having heard learned counsel for the parties, this Court is of the view that with a minor difference in facts, the facts of the present case are identical to one involved in the case of Pooja Punaram Patel (supra).
4. The present writ petition is, therefore, disposed of in the same terms and consequently, it is hereby ordered that petitioners shall pay a sum of Rs.1 lac each.
5. Petitioners shall furnish a demand draft of Rs.1 lac drawn in the name of Registrar, Rajasthan University of Health Sciences within a period of one month from today.
6. On receiving of the demand draft and a webcopy of the order instant, the respondent – RUHS shall issue them mark-sheets/degrees.
7. Needless to observe that after the degrees have been issued by the RUHS, the competent authority shall register the petitioners in accordance with law.
8. So far as respondent - college (Vyas Dental College and Hospital) is concerned, it shall pay a fine of Rs.7,50,000/- by 31.07.2025 to the Registrar, RUHS. In case, the college fails to deposit said amount of Rs.7,50,000/- by 31.07.2025 (subject of course to its right of appeal etc.), the Counseling Board shall not reflect name of such college in the list of eligible colleges.
9. The Registrar, RUHS shall keep the amount in separate account as and when deposited and shall ultimately transmit the same to the Principal and Controller, Government Dental College, Jodhpur, who shall utilize the same for purchase of dental chairs and some other equipments or for meeting out any capital expenditure (not of revenue nature). The amount aforesaid shall be utilized on or before 31.03.2026 and utilization certificate shall be sent to the Registrar, RUHS so also to the DCI.
10. It is high time when the Court should warn the private colleges to desist from giving irregular admissions. The order instant has been passed being guided by the equity in light of peculiar facts and considering that the contentious admissions were given 5-6 years back. However, in future if any such irregular admission is given by the colleges involved in the present writ petition or by any other college, the DCI and RUHS shall take stern action. They should not consider end of their duties by imposition of fine - they should withdraw or revoke the recognition granted to such college in accordance with law, obviously after following principles of natural justice.
11. The stay application also stands disposed of, accordingly.
