Madras High Court
Ali Firouzi vs The Registrar on 30 October, 2017
Author: N. Kirubakaran
Bench: N. Kirubakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.10.2017 CORAM THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 12389 of 2017 & W.M.P. Nos. 13141 & 13147 of 2017 1. Ali Firouzi 2. Maryam Baneshi ..Petitioners Vs. 1. The Registrar, Dr. MGR Medical University, Chennai. 2. The Dental Council of India, New Delhi. 3. V.S. Dental College & Hospital, Affiliated by Rajiv Gandhi University and Health Sciences, K.R. Road, Visveswarapuram, Bangalore 569 004. (Impleaded as per order dated 27.07.2017 by KRCBJ in W.M.P. No. 20077/2017 in W.P. No. 12389/2017) 4. Ragas Dental College and Hospital represented by its Principal, 2/102, East Coast Road, Uthandi, Chennai 600 119. (Impleaded suo motu by order dated 10.10.2017 by NKKJ in the above writ petition) 5. Union of India, represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi. (Impleaded suo motu by by order dated 30.10.2017 by NKKJ in the above writ petition) ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct the 2nd respondent to issue the eligibility certificate to the petitioners and also direct the 1st respondent not to cancel the admission for the year 2016-17. For Petitioners :: Ms.N. Saraswathi For Respondents :: Mr.P.R. Gopinathan for R1 Mrs.S.Seethalakshmi for R2 Mr.Abishek for R4 Mr.B. Rabu Manohar for R5 O R D E R
The writ petition is filed for issue of a Writ of Mandamus to direct the 2nd respondent to issue the eligibility certificate to the petitioners and also direct the 1st respondent not to cancel the admission for the year 2016-17.
2. Before proceeding with the facts of the case, as per the relevant provisions of Revised MDS Course Regulations, 2007, for pursuing MDS course, the college or the student is required to get NOC first from the Ministry of Health and Family Welfare and therefore, it is appropriate to implead the same as a party to the writ petition. Accordingly, Union of India, represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi is suo motu impleaded by this Court as 5th respondent to the writ petition. Mr.B. Rabu Manohar, learned counsel takes notice for the newly impleaded 5th respondent.
3. The petitioners are foreign nationals from Republic of Iran, who have come down to India for the purpose of study. They joined Vokkalingara Sangha Dental College and Hospital, which is affiliated to Rajiv Gandhi University of Health Sciences, Karnataka, for pursuing their Bachelor's Degree in Dental Surgery (BDS), during 2009 and completed the same in December, 2014. They had also completed their one year Compulsory Rotating Internship in the said College from 19.03.2014 to 18.03.2015. Subsequently, the respective petitioners got admission on 25.05.2016 & 31.05.2016 in Ragas Dental College and Hospital, Chennai, affiliated to Tamil Nadu Dr.MGR Medical University, Chennai, for pursuing their three year Post Graduation in Dental Surgery (MDS), in the specialities of Periodontics (1st petitioner) and Orthodontics and Dentofacial Orthopedics (2nd petitioner). According to the petitioners, eventhough they are entitled to confirmation of their admission from the 1st respondent University, the same has not been done and their admissions have been put on hold for production of NOC from the Central Government as well as NOC for grant of temporary registration from the Dental Council of India. Therefore, the petitioners have approached this Court with the aforesaid prayer.
4. Heard Ms.N. Saraswathi, learned counsel for the petitioners; Mr.P.R.Gopinathan, learned Standing Counsel for the 1st respondent; Mrs. S. Seethalakshmi, learned Standing Counsel for the 2nd respondent; Mr.Abishek, learned counsel for the 4th respondent and Mr.B. Rabu Manohar, learned counsel for the 5th respondent.
5. It is evident from the documents produced before this Court that the petitioners have got admission to BDS course after getting appropriate NOC from the 5th respondent Central Government and permission from the Dental Council of India. The provisional Degree Certificates issued by the Rajiv Gandhi University of Health Sciences, Karnataka, for having completed BDS course have been produced and they have also completed their Compulsory Rotating Internship in the 3rd respondent College. Thereafter, the petitioners have got admission in Ragas Dental College and Hospital, Chennai for doing MDS course in the specialities of Periodontics and Orthodontics and Dentofacial Orthopedics respectively. As per the communication of the Dental Council of India dated 01.06.2016, the details regarding the students admitted by various Dental Colleges throughout India have to be uploaded in the website of Dental Council of India on or before 07.06.2016 and though the names of the petitioners were found in the list of students admitted to MDS course by Ragas Dental College and Hospital from the details downloaded from the website of Dental Council of India, the Dental Council of India had intially refused to approve the admission of the petitioners. However, the Dental Council of India, subsequently, by communication dated 27.10.2017, addressed to Mrs.S. Seethalakshmi, Counsel for Dental Council of India, has categorically made it clear that the names of the petitioners have been reflected at Serial Nos. 3 and 38 of the list received by the Office of Dental Council of India well within the time frame prescribed by it. Paragraph No.1 of the said communication is usefully extracted hereunder:
I am directed to refer to your e-mail dated 27.10.2017, on the subject cited above thereby seeking clarification as to whether it was possible to upload or include the name of the candidate on or after 07.06.2016. In this connection, it may be stated that as per the General Circular No. DE-Website-2016/2313 dated 01.06.2016 issued by DCI the cut-off date for inclusion and uploading the name of the student admitted by any dental institution for the academic year 2016-17 was 07.06.2016 and the Principal vide its letter dated 31.05.2016 itself received, in the office of DCI on 03.06.2016 (copy enclosed as Annexure-A) instead of uploading the list of students due to some technical reasons, directly send the list of students. The name of the petitioner students Dr.Ali Firouzi and Dr. Mariam are reflected at Serial No.3 and 38 of the list which was receipt in the office of DCI well within the time frame prescribed by the Dental Council of India. From the above, it is clear that the petitioners were admitted in Ragas Dental College and Hospital within time and their names were also uploaded in the website of Dental Council of India within the time frame prescribed by it. Therefore, the petitioners are entitled to issue of NOC for grant of temporary registration by the Dental Council of India.
6. In view of the compliance of the norms by the petitioners, thre may not be any impediment for the 1st respondent University to issue eligibility certificate to the petitioners. Further, while getting admission for pursuing Bachelor's Degree in Dental Surgery, the respective petitioners obtained permission or NOC from the Ministry of Health and Family Welfare and therefore, there may not be any problem for the 5th respondent to issue NOC as the petitioners are only pursuing their Post Graduation.
7. In the light of the foregoing conclusion, the writ petition is disposed of with the following directions:
(i) The respective petitioners are directed to submit their applications to the 1st respondent University, seeking eligibility certificates, within one week from the date of receipt of a copy of this order and on receipt of the same, the 1st respondent University shall process the applications and issue eligibility certificates to the respective petitioners within one week thereafter;
(ii) The respective petitioners shall also apply to the 5th respondent for getting NOC from them within a period of one week thereafter and on receipt of the said applications, the 5th respondent shall issue NOC within one week from the date of receipt of such applications;
(iii) On receipt of NOC from the Central Government, the respective petitioners shall apply to the 2nd respondent, Dental Council of India, along with the Eligibility Certificates and NOCs issued by the 1st and 5th respondents respectively, for NOC for grant of temporary registration within one week therefrom and on receipt of such applications, NOC for grant of temporary registration shall be issued by the 2nd respondent, Dental Council of India, within a period of one week thereafter.
No costs. Connected W.M.Ps are closed.
8. For reporting compliance, post the writ petition after four weeks.
30.10.2017 nv (Note to Office: Issue order copy by 31.10.2017) To
1. The Registrar, Dr. MGR Medical University, Chennai.
2. The Dental Council of India, New Delhi.
3. V.S. Dental College & Hospital, Affiliated by Rajiv Gandhi University and Health Sciences, K.R. Road, Visveswarapuram, Bangalore 569 004.
4. Ragas Dental College and Hospital represented by its Principal, 2/102, East Coast Road, Uthandi, Chennai 600 119.
5. Union of India, represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi.
N. KIRUBAKARAN,J.
nv W.P. No. 12389 of 2017 30.10.2017