Karnataka High Court
Dr Peyman Golshanara vs State Of Karnataka on 12 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.20079 OF 2021 (EDN-RES)
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:
ORDER
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.
4. 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