Dismissed¶14

Gayanam Jyoti Saikia v. the State of Assam and 3 Ors.

Gauhati High Court (Single Judge, Kardak Ete) – WP(C)/3136/2025, decided 17.06.2026

Gauhati HC16 Jun 2026WP(C)/3136/2025

Download

Case brief

AI extract

What is this about?

Transfer of one-year rotatory dental internship to non-parent college; Dental Council of India Circular dated 01.03.2019; NOC from parent and transferee dental college mandatory although NOC from DCI dispensed with; BDS Ch.Charan Singh University Meerut 2024; Regional Dental College Guwahati; family hardship; no indefeasible right despite lax practice of other colleges; WP(C)/3136/2025; Gauhati High Court; Kardak Ete J.; writ petition dismissed 17.06.2026.

What did the court decide?

Under the Dental Council of India Circular dated 01.03.2019, students are not required to obtain any No Objection Certificate from the Dental Council of India itself for undergoing internship at another dental college. ¶9

Gayanam Jyoti Saikia Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶14

Issue for consideration

Whether the petitioner, a BDS graduate of Ch.Charan Singh University, Meerut, is entitled to undergo the one-year rotatory internship at the Regional Dental College, Guwahati without the NOC from his parent and transferee dental colleges required by the Dental Council of India Circular dated 01.03.2019. +1 more

¶2

Court's answer

Since the petitioner did not submit the NOC from his parent dental college (Ch.Charan Singh University, Meerut), he would not have the right to undergo the one-year internship at the Regional Dental College, Guwahati unless the NOC requirement of the circular dated 01.03.2019 is fulfilled; the rejection of his grievance by the respondent authorities is in consonance with that circular.

¶11

Ratio / Principle

¶9

Key takeaways

Under the same Circular, a student desirous of undergoing internship at a dental college other than the parent dental college must obtain a No Objection Certificate from both the parent and the transferee dental colleges, authenticated by the enrolled affiliating universities, and submit it with other relevant documents to the designated authority.ratio¶9
The circumstance that some other dental colleges have allowed their students to undergo the one-year internship without insisting on NOC from the parent or transferee dental college does not confer an indefeasible right to undergo internship at a dental college other than the parent dental college.ratio¶12

Detailed headnote1 paragraphs

Gauhati High Court (Single Judge, Kardak Ete) - WP(C)/3136/2025, decided 17.06.2026 - Dismissed. A BDS graduate (November 2024) of Ch.Charan Singh University, Meerut, Uttar Pradesh, permanently resident at Guwahati and pleading family hardship (illness of mother, father posted at Golaghat, his own ligament-tear treatment), sought a direction to be allowed to undergo his one-year rotatory internship at the Regional Dental College, Guwahati instead of his parent institution, invoking the Dental Council of India Circular dated 01.03.2019. Held: the Circular dispenses with the need for a NOC from the Dental Council of India itself, but a student seeking internship at a dental college other than the parent dental college must obtain a NOC from both the parent and the transferee dental colleges, authenticated by the enrolled affiliating university; the petitioner had furnished no NOC from his parent dental college; the practice of certain colleges waiving such NOC confers no indefeasible right. The rejection of his application by the respondent authorities was therefore in consonance with the Circular, and the writ petition was dismissed as devoid of merits.

Page No.# 1/6

GAHC010117662025

2026:GAU-AS:8733

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WP(C)/3136/2025

¶6

GAYANAM JYOTI SAIKIA

¶7

S/O MR. BIBHAS SAIKIA, R/O FLAT NO-C, 205, RUDRAKUSH KUNDAN, NEAR SFS SCHOOL, GUWAHATI, DIST- KAMRUP (M), PIN-781117

¶8

VERSUS

¶9

THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE

¶10

2:THE DIRECTOR OF MEDICAL EDUCATION SIXMILE JAYANAGAR KHANAPARA GUWAHATI ASSAM PIN-781022 3:THE PRESIDENT/SECRETARY DENTAL COUNCIL OF INDIA NEW DELHI AIWON-E GALIB MARY KOTTA ROAD NEW DELHI PIN-110002

¶11

4:THE PRINCIPAL REGIONAL DENTAL COLLEGE G.M.C.H. COMPLEX BHANGAGARH GUWAHATI ASSAM

¶12

Page No.# 2/6

¶13

PIN-78103

¶14

Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA,MR J FIRDAUS

¶15

Advocate for the Respondent : SC, HEALTH, P UPADHAYA,MS. R HUSSAIN,MS. NITUMA KAKATI,MR. S C KEYAL

¶16

BEFORE

¶17

HONOURABLE MR. JUSTICE KARDAK ETE

¶18

ORDER

¶19

Date : 17.06.2026

¶20

Heard Mr. M.Saikia, learned Counsel for the petitioner. Also heard Mr. B.Gogoi, learned Standing Counsel, Health and Family Welfare Department for respondent Nos. 1, 2 and 4. Ms. N.Kakati, learned counsel for respondent No.3.

¶21

By filing this writ petition, the petitioner prays for a direction to allow him to undergo one year Rotatory Internship Programme in the Regional Dental College, Guwahati in terms of the Circular dated 01.03.2019, issued by the Dental Council of India i.e. respondent No.3.

¶22

The case of the petitioner in short, is that he has completed his BDS Course from Ch.Charan Singh University, Meerut in the State of Uttar Pradesh on November 2024. Owing to his family problems i.e. illness of his mother, who is staying in Guwahati, his father being a Government servant, at presently posted at Golaghat as well as he being undergoing medical treatment due to ligament tear at Guwahati, the petitioner is desirous to undergo one year Rotatory Internship Programme in the Regional Dental College, Guwahati. The petitioner approached the Principal of Regional Dental College, Guwahati for undergoing one year internship programme on 28-02-2025. However, the

¶23

Page No.# 3/6

¶24

respondent authorities have rejected his prayer for allowing him to undergo his one-year internship in the Regional Dental College, Guwahati on the ground that the petitioner has not submitted No Objection Certificate (NOC) from his parent Dental College.

¶25

Mr. M. Saikia, learned counsel for the petitioner while referring to the Circular dated 01.03.2019, issued by the Dental Council of India as regards the one year paid Rotatory Internship Programme, submits that in order to make provision of one-year paid Rotatory Internship Programme simple, transparent, effective, fair and to enable the students to timely complete their internship, it has been decided that the students need not be required any NOC from the Dental Council of India for undergoing internship programme from other Dental college. He submits that since the petitioner has some family hardship, the petitioner is desirous to undergo the one-year internship programme in the Regional Dental College, Guwahati as he is a permanent resident of Guwahati. Therefore, refusal to allow the petitioner to undergo one-year internship programme is in violation of the Circular issued by the Dental Council of India.

¶26

On the other hand, Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department submits that the petitioner having obtained his BDS degree from Ch.Charan Singh University, Meerut in the State of Uttar Pradesh , the primary and natural obligation to provide internship vests exclusively with the parent Dental institution in the State of Uttar Pradesh and not with the Regional Dental College, Guwahati. Referring to the Circular dated 01.03.2019, as relied on by the learned counsel for the petitioner, he submits that the circular clearly mandates that a student desirous of undergoing internship at a Dental college other than his parent dental college shall have to obtain NOC

¶27

Page No.# 4/6

¶28

from both the parent dental college and the transferee dental college duly authenticated by the affiliating university and submit the same along with other relevant documents to the designated authority. The petitioner has failed to furnish any NOC from his parent dental college i.e. Ch.Charan Singh University, Meerut, Uttar Pradesh . He submits that the application of the petitioner has been duly considered and the grievance of the petitioner for one year internship programme has been rejected in terms of the aforesaid Circular. Therefore, the petitioner has no indefeasible right to undergo one year internship programme in the Regional Dental College, Guwahati.

¶29

Considered the submissions of the learned counsel for the parties and also perused the materials available on record.

¶30

Admittedly, the petitioner has completed his BDS Course from Ch.Charan Singh University, Meerut, Uttar Pradesh in the year 2024. The main ground for seeking one-year paid rotatory internship programme at Regional Dental College, Guwahati is of personal/ family hardship of the petitioner and also based on the Circular issued by the Dental Council of India dated 01.03.2019.

¶31

The Dental Council of India vide the aforesaid Circular addressed to the authorities of the Dental institutions, affiliating universities of the dental institutions, Directors of Medical Education of all the States and the Registrar of all the States Dental Councils/ Tribunals as regards the issuance of No objection Certificate(NOC) for one-year paid rotatory internship programme has intimated that in order to make the provision of one-year paid rotatory internship programme simple, transparent, effective, fair and to enable the students to timely complete their internship, the students need not be required any No objection Certificate(NOC) from Dental Council of India for undergoing the

¶32

Page No.# 5/6

¶33

internship from other Dental College. It has also intimated that the students desirous to undergo his or her internship from dental college other than his or her parent dental college shall have to obtain No objection Certificate(NOC) from parent and transferee College authenticated by the enrolled affiliating universities and submit the same along with other relevant documents directly to the designated authorities for approval.

¶34

Upon consideration of the above Circular, it transpires that the Dental College of India has allowed the students who are desirous to undergo internship from the dental college other than parent dental college shall have to obtain NOC from the parent and transferee dental college. Accordingly, the requirement of obtaining NOC from Dental Council of India is dispensed with.

¶35

In the present case, it is not in dispute that the petitioner has not submitted NOC from the parent dental college i.e. Ch.Charan Singh University, Meerut, Uttar Pradesh. Thus, the petitioner may be desirous to undergo his one year rotatory internship programme at the Regional Dental College, Guwahati, unless the requirement of obtaining the NOC from his parent as well as transferee dental college is fulfilled in terms of the circular dated 01.03.2019, the petitioner would not have the right to undergo his one-year internship program from the Regional Dental College, Guwahati. Therefore, the rejection of the grievance of the petitioner to allow him to undergo one-year internship programme at Regional Dental College, Guwahati, by the respondent authorities appears to be in consonance with the circular dated 01.03.2019.

¶36

Regard being had to the submission of the learned counsel for the petitioner that other dental college has allowed him to undergo one year

¶37

Page No.# 6/6

¶38

internship programme without insisting on NOC from parent and transferee dental college is considered for rejection in view of the fact that the Dental Council of India vide the aforesaid Circular dated 01.03.2019 (supra) has expressly provided that the student desirous to undergo internship from the dental college other than his or her parent dental college shall have to obtain NOC from the parent and transferee dental college. Merely some dental colleges have allowed their students to undergo one-year internship program without insisting for NOC from parent or transferee dental college shall not give an indefeasible right to undergo the internship in the dental colleges, other than the parent Dental College.

¶39

For the foregoing reasons, I am of the considered view that the petitioner cannot be allowed to undergo one-year rotatory internship programme in the Regional Dental College, Guwahati. Thus, the rejection of the grievance of the petitioner by the respondent authorities is in consonance with the Circular dated 01.03.2019, issued by the Dental Council of India.

¶40

Accordingly, the writ petition stands dismissed being devoid of merits.

¶41

JUDGE

¶42

Comparing Assistant

Gayanam Jyoti Saikia v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Gayanam Jyoti Saikia v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Panchabati Devi Vs Gauhati University and 4 Ors.

Fazlul Hoque Mondal Vs the State of Assam and 6 Ors.

Bikramjit Karmakar and 5 Ors. Vs the State of Assam and 4 Ors.

Arun Hazarika and 16 Ors. Vs Pritam Saikia and 3 Ors.

Dayal Ch Das and 4 Ors. Vs Dr Bijoya Choudhury and 3 Ors.

Badal Khan Vs the State of Assam and 4 Ors.