Petitioner challenged the limit on examination attempts for foreign dental degree holders. The court found the petition infructous as Regulations were amended on 05.09.2018 to remove the maximum attempts limit and dismissed the petition.
Petition dismissed as infructous due to amendment removing maximum attempts limit.
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SHAIKH SHABIR ALI ..... Petitioner Through: Mr. Harpawan Kumar Arora, Advocate for Mr. R.K. Saini, Advocate
versus
DENTAL COUNCIL OF INDIA ..... Respondent Through: Mr. T. Singhdev, Ms. Amandeep Kuar, Ms. Michelle Biakthansangi Das, Mr.Abhijit Chakravarty, Ms. Puja Sarkar & Mr.Tarun Verma, Advocates for R-1. Mr. Anil Dabas and Mr. Praveen Kumar, Advocate
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 19.11.2018
The petitioner’s claim in these proceedings is for a declaration that the limit with respect to the number of attempts in the required examination, that can be taken by the holder of a foreign degree qualification in Dentistry, is arbitrary. Learned counsel for the respondent submits that after the previous order of 05.09.2018, the Dental Council of India’s Regulations of 2016 were amended, which had the effect of doing away altogether with the maximum number of attempts that a candidate could take to ensure her inclusion in the Dental Council Registry.
Page 1 of 2
W.P.(C) 4311/2017
In these circumstances, the petition is rendered infructous and accordingly dismissed.
S. RAVINDRA BHAT, J PRATEEK JALAN, J
NOVEMBER 19, 2018 „pv‟
Page 2 of 2
W.P.(C) 4311/2017
2 issues framed by the court
Whether the claim for declaring the limit on examination attempts arbitrary remains viable after the regulatory amendment removing the maximum attempts.
Whether the petition is rendered infructous following the amendment of the 2016 Regulations.
Shaikh Shabir Ali
Dental Council of India
S. Ravindra Bhat
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
