Kerala High Court
Dr. Rahila Banu M vs Kerala University Of Health Sciences on 8 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:73973
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
WP(C) NO. 6650 OF 2025
PETITIONER:
DR. RAHILA BANU M
AGED 37 YEARS, W/O WASEEM THONDIKODAN
FLAT NO. 104-B , CORINTH TOWER POOVANGAL P.O,
KOZHIKODE, STUDENT OF MDS 2018 BATCH,
KANNUR DENTAL COLLEGE , ANJARAKANDY,
PIN - 673014.
BY ADVS.
SRI.JOHNSON JOSE PANJIKKARAN
SRI.T.R.JERRY SEBASTIAN
RESPONDENTS:
1 KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR,
REPRESENTED BY ITS REGISTRAR, PIN - 680596.
2 DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG, KOTLA ROAD, NEW DELHI,
REPRESENTED BY ITS SECRETARY, PIN - 110002.
3 KANNUR DENTAL COLLEGE
ANJARAKANDY, KANNUR, REPRESENTED BY
ITS PRINCIPAL, PIN - 670611.
2025:KER:73973
W.P.(C) Nos.6650 & 12716/2025
:2:
BY ADVS.
SRI.BINNY THOMAS, STANDING COUNSEL
SRI.PRAKASH M.P., STANDING COUNSEL
SHRI.P.SREEKUMAR (SR.), STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.09.2025, ALONG WITH WP(C).12716/2025, THE
COURT ON 08.10.2025 DELIVERED THE FOLLOWING:
2025:KER:73973
W.P.(C) Nos.6650 & 12716/2025
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025/16TH ASWINA, 1947
WP(C) NO. 12716 OF 2025
PETITIONER:
DR AIJIN A MOHAN
AGED 35 YEARS, S/O MOHANAKUMARAN T MDS
(PERIODONTOLOGY), SRI SANKARA DENTAL COLLEGE,
VARKALA PERMANENTLY RESIDING AT MOHANAVILASAM
MAMPAZHAKKARA PERUMPAZHUTHOOR P.O
NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695126.
BY ADVS.
SRI.M.P.ASHOK KUMAR
SMT.BINDU SREEDHAR
SHRI.ASIF N
RESPONDENTS:
1 KERALA UNIVERSITY FOR HEALTH SCIENCES
REPRESENTED BY THE REGISTRAR,
MEDICAL COLLEGE P. O., THRISSUR,
PIN - 680596.
2 THE CONTROLLER OF EXAMINATIONS
KERALA UNIVERSITY FOR HEALTH SCIENCES,
MEDICAL COLLEGE P. O., TRISSUR,
PIN - 680596.
3 THE DENTAL COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY AIWAN-E-GALIB
MARG, KOTLA ROAD, NEW DELHI, PIN - 110002.
2025:KER:73973
W.P.(C) Nos.6650 & 12716/2025
:4:
4 THE PRINCIPAL
SRI SANKARA DENTAL COLLEGE, AKATHUMURI,
VENNICODE P,O, VARKALA, THIRUVANANTHAPURAM,
PIN - 695318.
BY ADVS.
SRI.BINNY THOMAS, STANDING COUNSEL
SRI.PRAKASH M.P., STANDING COUNSEL
SHRI.P.SREEKUMAR (SR.), STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 29.09.2025, ALONG WITH WP(C).6650/2025, THE
COURT ON 08.10.2025 DELIVERED THE FOLLOWING:
2025:KER:73973
W.P.(C) Nos.6650 & 12716/2025
:5:
N. NAGARESH, J.
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WP(C) Nos.6650 and 12716 of 2025
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Dated this the 8th day of October, 2025
JUDGMENT
~~~~~~~~~ The petitioner in W.P.(C) No.6650/2025 has undergone MDS Course from the year 2018, in Kannur Dental College, Anjarakkandy which is affiliated to Kerala University of Health Sciences. The petitioner states that she appeared for the MDS Part II Supplementary Examination in December, 2024. However, the petitioner's result was withheld.
2. When the petitioner requested to publish the result, the University informed the petitioner that as per the DCI Regulations 2017, the period of training for the award of 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 :6: MDS Course shall be of three years duration for three academic years as full time candidates in an institution, including the period of examination and the time period required for passing out of the MDS Course shall be a maximum of six years from the date of admission in the said Course. As the petitioner is of 2018 admission, she should have completed MDS Course by July, 2024.
3. By Ext.P4, the 1st respondent further informed the petitioner that considering the Covid-19 pandemic, the petitioner was conditionally permitted to write the examination subject to the approval of the DCI, until the calendar year 2024. The DCI is yet to give its approval. Hence, the result of the examination written by the petitioner is withheld.
4. The petitioner states that every examination conducted by the University is delayed by three to four months. Therefore, necessary extension has to be given to the six year upper limit to clear the examination. In the case 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 :7: of the petitioner, the University allowed the petitioner to write the examination. However, the result was withheld.
5. The petitioner reiterates that MDS Part II Supplementary Examination was usually conducted in time. But, due to the delay in conducting other examinations, the examination appeared by the petitioner was delayed. The stand taken by the 1st respondent is unsustainable and the petitioner is punished for no fault of the petitioner. The petitioner therefore seeks to direct the 1st respondent to declare the result of the examination written by the petitioner.
6. The petitioner in W.P.(C) No.12716/2025 joined the Sri Sankara Dental College for MDS (Periodontology) in the year 2018. Due to Covid side effects, the petitioner's eye sight was suddenly reduced and she was admitted to the Regional Institute of Ophthalmology, Thiruvananthapuram. She was referred to the Neurology Department of Sree Chitra Thirunal Institute for Medical Sciences and Technology. She had to undergo follow up 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 :8: treatment in Chaithanya Eye Hospital and Research Institute.
7. The petitioner suffered another major injury in his right hand due to a bike accident. Her movements were restricted for nine months. She had to undergo a second surgery also. The petitioner therefore was unable to appear for MDS examination. The petitioner appeared in the examinations conducted since 02.12.2024. Though the University Examination results were published on 23.01.2025, the result of the examination of the petitioner was withheld. The petitioner therefore seeks to declare that the six year period fixed in Clause 11 of the MDS Course Regulations 2017 for passing out MDS Examinations is liable to be relaxed in the case of the petitioner.
8. The Dental Council of India resisted the writ petition filing counter affidavit. On behalf of the Dental Council of India, it is submitted that the DCI considered the request made by the University and the DCI on 23.04.2025 decided to strictly follow the provisions prescribed in the DCI 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 :9: Master of Dental Surgery Course Regulations 2017. This was communicated to the University as per Annexure-R2/1.
9. The 2nd respondent submitted that Regulation 11 of the DCI Master of Dental Surgery Course Regulations 2017 prescribes that the period of passing out the MDS Course shall be six years from the date of admission. The Regulation is applicable throughout India. No request seeking relaxation of the provisions of the Regulations has been received from other Universities.
10. I have heard the learned counsel for the petitioners, the learned Standing Counsel appearing for the University and the learned Standing Counsel appearing on behalf of the Dental Council of India.
11. The petitioners in both the writ petitions joined MDS Course in the year 2018. Regulation 11.1 of the DCI Master of Dental Surgery Course Regulations 2017 reads as follows:
2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 : 10 :
11. PERIOD OF TRAINING - (1) The period of training for the award of the MDS course shall be of three years duration for three academic years as full time candidates in an institution including the period of examination:
Provided that the time period required for passing out of the MDS course shall be a maximum of six years from the date of admission in said course:
Provided further that the duration of the post-graduate course for the postgraduate Diploma holders shall be of two years in the respective speciality. The syllabus and curriculum shall be the same as MDS Course in the concerned speciality except that they are not required (i) to undergo study and training in Basic Sciences and (ii) pass the PART-I Examination of MDS Course. However, they have to submit the dissertation work, as part of the post-graduate programme.
Going by Regulation 11, the petitioners ought to have passed the MDS Course within a maximum period of six years from the date of admission.
12. In the case of the petitioners, they appeared in the requisite examinations a few months after the stipulated six year period. The petitioners would urge that the University conducts examinations usually with a delay of three to four months. Therefore, the petitioners cannot be penalised for 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 : 11 : their delayed appearance in the examinations.
13. The petitioners underwent MDS Course during the Covid-19 pandemic period. The petitioner in W.P. (C) No.6650/2025 was affected by the Covid-19 pandemic. The petitioner in W.P.(C) No.12716/2025 suffered a bike accident and had to undergo three surgeries and long term treatment. These were reasons for the petitioners' failure to pass the MDS examinations within the course period.
14. As per Regulation 1.13 of the Academic Regulations and Course Regulations framed by the Kerala University of Health Sciences, the MDS Course shall be of three years duration and no student shall be permitted to complete the course by attending more than six continuous years. The Regulations of the University would prima facie indicate that the six year period stipulated by the University is for completion of the course which, according to the petitioners, is distinct from passing the examination. The petitioners would urge that they have completed the course 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 : 12 : within the period stipulated by the University.
15. Be that as it may, it is evident from the pleadings and arguments of the petitioners that their failure to pass all the papers in the MDS examinations was substantially due to the Covid-19 pandemic and consequential issues. It may be noted that exemptions from the provisions were given to 2015-2016 Batch MDS students as per Dental Council of India letter No.DCI/Admission/Admsn/BDS/Gen/999/2015-16/2025/1951 dated 21.05.2025. Therefore, it is clear that the statute provides for relaxation of Regulations in exceptional circumstances.
16. Taking into consideration the circumstances under which there is a delay of a few months in the petitioners appearing in the examinations and taking into consideration the fact that the University themselves permitted the petitioners to write the examination, I am of the view that necessary relaxation should be extended to the petitioners 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 : 13 : also who are 2018 Batch students. The petitioners were permitted to remit the fee and appear in the examination by the University. It is informed that the petitioners have scored requisite marks for passing the examination. After permitting the petitioners to appear in the examination, it will be inequitable and unjust to declare that the petitioners' results cannot be published.
In the facts and circumstances of the case, the writ petitions are disposed of directing the respondents to declare the results of examinations in which the petitioners have appeared and if all other parameters are satisfied, treat the petitioners as having passed the MDS Course.
Sd/-
N. NAGARESH, JUDGE aks/06.10.2025 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 : 14 : APPENDIX OF WP(C) 6650/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MDS PART II SUPPLEMENTARY THEORY EXAMINATION TIME TABLE ISSUED BY 1ST RESPONDENT DATED 22.11.2024 Exhibit P2 TRUE COPY OF THE MDS PART II (R/S) PRACTICAL EXAMINATION TIME TABLE DATED 22.11.2024 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 21.1.2025 SENT THROUGH E-MAIL TO 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE REPLY DATED NIL ISSUED BY 1ST RESPONDENT THROUGH E-
MAIL
Exhibit P5 TRUE COPY OF THE RELEVANT PORTIONS OF
SYLLABUS FOR MDS ORAL AND
MAXILLOFACIAL SURGERY COURSE ISSUED BY 1ST RESPONDENT RESPONDENT'S ANNEXURE ANNEXURE R2(1) COPY OF THE DCI LETTER DATED 27.05.2025 ADDRESSED TO THE 1ST RESPONDENT 2025:KER:73973 W.P.(C) Nos.6650 & 12716/2025 : 15 : APPENDIX OF WP(C) 12716/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF MASTER OF DENTAL SURGERY COURSE REGULATIONS, 2017 DT 05/09/2017 Exhibit P3 TRUE COPY OF THE OP TICKET DT 03/07/2021 Exhibit P3(a) TRUE COPY OF THE PRESCRIPTION DT 16/09/2022 ISSUED FROM THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY IS PRODUCED Exhibit P4 TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE DT 30/08/2022 SHOWING THE PARTICULARS OF ACCIDENT Exhibit P5 TRUE COPY OF THE ADMIT CARD ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE EMAIL DT 23/01/2025 SENT BY 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE DENTISTS (AMENDMENT) ACT, 1955 DT 15/04/1955