Calcutta High Court (Appellete Side)
Dr. Prabal Pal vs West Bengal Dental Council & Ors on 22 December, 2025
22.12.2025
Sl. No. 14
Ct No. 25
SG WPA 4976 of 2016
Dr. Prabal Pal
Vs
West Bengal Dental Council & Ors.
Mr. Rabiul Islam,
Mr. Samim ul Bari,
Sk. J. Hossain.
...for the petitioner
Mr. S.N. Dutta.
...for UOI
1. In terms of the order passed by this Court dated
03.12.2025, the petitioner has submitted the document
with regard to his degree and place of posting after serving
copy to the learned Counsel appearing for the Union of
India.
2. In the present writ petition the petitioner has
challenged the decision taken by the West Bengal Dental
Council wherein it is mentioned that the ethical committee
had referred the query of the petitioner to the Secretary,
Dental Council of India, New Delhi. As there was no reply
from the Dental Council of India, New Delhi, the ethical
committee has considered as follows:-
"A dental surgeon possessing M DS degree in OM&R
is entitled to perform diagnostic procedure oral
disease. He/she is trained to take radiographs of
different types. He/she can perform minor oral
surgical procedures by virtue of his/her training as
dental surgeon. Complicated Oral surgery procedures
and maxillofacial surgery lies under the domain a M
D S in Maxillofacial and Oral surgery".
2
3. The petitioner submits that the petitioner is also
eligible to conduct oral surgery procedure as well as
maxillofacial surgery but the state authority are not
allowing the petitioner to take the said surgery.
4. In view of the above, the matter is referred to the
respondent no. 2 i.e. Dental Council of India to consider the
degree which the petitioner is possessing and to opine whether the petitioner is entitled to conduct oral surgery procedures and maxillofacial surgery in the State of West Bengal or not.
5. The petitioner is directed to send the copy of the supplementary affidavit along with all documents as well as copy of the writ petition to the Dental Council of India within a week from date and on receipt of the said documents, the Dental Council of India shall furnish report before this Court whether the petitioner is having the qualification to conduct oral surgery procedure and maxillofacial surgery in the State of West Bengal.
6. Let the report be filed on or before 11.02.2026.
7. List the matter under the heading 'Specially Fixed Matter' on 11.02.2026.
(Krishna Rao, J.)