Petitioners sought to quash a DCI notification and seek additional attempts to complete BDS degree. The petition was withdrawn with liberty to refile if representations are not considered favorably.
Dismissed with liberty to refile if representations are not considered favorably.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8246 OF 2024 (EDN-RES)
BETWEEN:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
RESIDING AT GEETHA BHAVAN PIRAYIRI PALAKKAD KERALA -678004
KLE DENTAL COLLEGE OPPOSITE CMTI FACTORY GORAGUNTEPALY BANGAORE -560000
AGED ABOUT 26 YEARS D/O MR SULAIMAN RESIDING AT 3835/1A BB KERI 2ND CROSS, MYSORE-570021
RESIDING AT SHAMBHAVI NILAYA OPPOSITE PVS KALAKUNJ KODIALBAIL MANGALORE-575003
…PETITIONERS
(BY SRI. LAKSHMI MENON.,ADVOCATE)
AND:
…RESPONDENTS
(ASG-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE IMPUGNED NOTIFICATION I.E. NO. DE-87(1-2015) DATED 27/04/2015 (ANNEXURE-C) PROMULGATED BY THE RESPONDENT DENTAL COUNCIL IS ULTRA VIRES TO THE BDS COURSE REGULATIONS 2007 PUBLISHED BY THE DENTAL COUNCIL OF INDIA AND TO THAT EXTENT, ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE IMPUGNED NOTIFICATIONS AS NULL AND VOID AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:11546 WP No. 8246 of 2024
ORDER
a) Declare that the Impugned Notification i.e. No. DE-87(1-2015) dated 27/04/2015 (Annexure-C) promulgated by the respondent Dental Council is ultra vires to the BDS Course Regulations 2007 published by the Dental Council of India and to that extent, issue a writ of certiorari to set aside the impugned Notifications as null and void.
b) Alternatively, issue a writ of certiorari setting aside the operation of impugned Notification i.e. No. DE-87(1/2015) dated 27/04/2015 (AnnexureC) promulgated by the respondent Dental Council of India, to such students who have enrolled for BDS course prior to 16/12/2020, by holding that the Impugned Notification shall not apply to such batches of students enrolled prior to the year of the publication of the relevant Notification Bearing No. ACA/DCD/ETC/UG-PG/COURSE/412/2020-21 dated 16/12/2020 issued by r3/RGUHS (Annexure-J).
c) Issue a writ of Mandamus directing the respondent authorities, namely, respondent no. 1/DC1 as well as R3/ RGUHS, to permit the petitioners herein to attend classes, take up the ensuing examinations and any further main or supplementary examinations, including the one year compulsory internship, as may be necessary to complete the course, and award them their degree certificate upon completing the course requirement, without any reference to the maximum duration for course completion.
d) Alternative, issue a writ of mandamus directing the respondent authorities, namely, R1/DCI as well as R3/RGUHS, to provide 8 addl. attempts to the petitioner students in order to enable them to complete the their course, and also permit them to undergo their internship and award degree
certificates, in the event the student petitioners are able to complete the course requirements within these 8 attempts plus the one year internship.
e) Grant such other and further reliefs, including costs of this petition.
memo, which reads as under:-
Memo for withdrawal
The petitioners herein humbly submit as follows:
1. That the petitioners herein had file the present seeking extension of course duration and other reliefs in respect of their BDS course.
2. That the students had also preferred various representations to the respondent authorities and pursuant to the same, the students have orally been assured by DCI/Respondent No.1, that their grievance will be considered and a decision will be reached shortly.
3. In light of the same, the petitioners herein seek to withdraw the present petition with the kind leave of this Hon’ble Court, with liberty to approach this Hon’ble Court once again, if the respondent authorities do not consider the case of the petitioner favourably.
Wherefore, it is humbly requested that this Hon’ble Court may be pleased to permit the petitioners to withdraw their case with liberty to refile if their representations are not considered favourably, and grant such other reliefs as may be just, in the interest of justice.
dismissed with liberty to approach this Court in the
NC: 2024:KHC:11546 WP No. 8246 of 2024
event of representation submitted by the petitioners
is answered in the negative.
Sd/JUDGE
PRS List No.: 2 Sl No.: 33
1 issue framed by the court
Whether the impugned notification by Dental Council of India is ultra vires BDS Course Regulations 2007?
Ms. Neha Bharati & Ors.
Dental Council of India
Dental Council of Karnataka
Rajiv Gandhi University of Health Sciences
Union of India
Suraj Govindaraj
As recorded by the court registry
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