Public Interest Litigation concerning Dental Council regulations was dismissed as withdrawn by the petitioner-in-person who was granted liberty to file a fresh petition due to insufficient documents.
Liberty to file a fresh writ petition granted. Original petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941
WP(C).No.30856 OF 2019(F)
PETITIONER:
SWATHIRAJ.M.S., AGED 29 YEARS S/O.SURAJ.M.K., MALIAKKAL HOUSE, NEDUNGAD, NAYARAMBALAM P.O., ERNAKULAM, KERALA, PIN-682 509, EMAIL ID [email protected], MOBILE.9605656371.
BY SWATHIRAJ.M.S.,(PARTY IN PERSON)
RESPONDENTs:
3 UNIVERSITY GRANTS COMMISSION, THROUGH SECRETARY BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002.
WP(C) No.30856/19
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PIN-695 001.
OTHER PRESENT:
SRI.P.VIJAYAKUMAR, ASG FOR R1, SRI.M.P.PRAKASH, SC FOR R2, SR.GP SRI.ARVIND KUMAR BABU, FOR R4 TO R6, SRI.P.SREEKUMAR, SC FOR R7 AND R8,SRI.N.RAGHURAJ, SC FOR R9
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.30856/19
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J U D G M E N T
Dated this the 15th day of November 2019
S.Manikumar, C.J.
This Public Interest Litigation is filed with the following
prayers:-
“(i) Declare that the procedure (Provisional promotion & internal mark weightage) followed by the 7th respondent University in so far as it is repugnant with BDS Course Regulation brought out by Dental Council of India is ultra vires of the Dentist Act 1948 and Regulations there under.
(ii) Issue appropriate writ declaring that the procedure (Provisional promotion & internal mark weightage) followed by the 7th respondent University is violative of Articles 14, 19 and 21 of the Constitution of India and hence unconstitutional.
(iii) Issue a writ of mandamus of other appropriate writ, order or direction directing respondents 1 and 2 to initiate appropriate steps forthwith to which are required to be taken for maintaining the highest standards of Dental Education in the country as per the Section 16A of the Dentist Act, 1948.
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(iv) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1, 2 and 9 to initiate appropriate action against persons already registered using KUHS BDS Degree as their basic qualification, as per the section 41 of the Dentist Act, 1948.”
documents were not enclosed to substantiate the averments made in the writ petition, party-in-person seeks permission to withdraw the writ petition with liberty to file a fresh writ petition. Liberty as prayed for is granted.
Writ petition is dismissed as withdrawn.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
A.M.SHAFFIQUE
Rp
JUDGE
WP(C) No.30856/19
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DENTAL COUNCIL OF INDIA REVISED BDS COURSE REGULATION 2007 (NO.DE-22-2007) NOTIFIED IN THE GOVT. OF INDIA GAZETTE DATED 25.07.2007 IS HEREBY ATTACHED AND MARKED AS EXHIBIT P1.
EXHIBIT P2 TRUE COPY OF THE KERALA UNIVERSITY OF HEALTH SCIENCES BDS COURSE REGULATION 2010 IS HEREBY ATTACHED AND MARKED AS EXHIBIT P2.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT LETTER (REGARDING THE PROVISIONAL PROMOTION IN BDS COURSE) SUBMITTED BY THE PETITIONER TO THE SECRETARY DENTAL COUNCIL OF INDIA DATED 24.10.2017 IS HEREBY ATTACHED AND MARKED AS EXHIBIT P3.
EXHIBIT P4 TRUE COPY OF THE REPLY LETTER NO.DE110(41)/COMPLAINT/2017/13346 DATED 03.11.2017 ISSUED BY THE SECRETARY DENTAL COUNCIL OF INDIA IS HEREBY ATTACHED AND MARKED AS EXHIBIT P4.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.DE-22-BDS2017/7292 DATED ISSUED BY THE SECRETARY DENTAL COUNCIL OF INDIA REGARDING THE ADHERENCE OF DCI REVISED BDS COURSE REGULATION 2007 FOR THE BDS EXAMINATIONS IS HEREBY ATTACHED AND MARKED AS EXHIBIT P5.
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EXHIBIT P6 TRUE COPY OF THE COMPLAINT LETTER SUBMITTED BY THE PETITIONER TO THE MINISTRY OF HEALTH AND FAMILY WELFARE REGARDING NON-ADHERENCE OF REVISED BDS COURSE REGULATION IN KERALA UNIVERSITY OF HEALTH SCIENCES IN KERALA DATED 27.02.2018 IS HEREBY ATTACHED AND MARKED AS EXHIBIT P6. EXHIBIT P7 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE HON'BLE SUPREME COURT OF INDIA NO. AS WP(CIVIL) 1508/2018 SWATHIRAJ.M.S. VS. UNION OF INDIA & ORS IS HEREBY ATTACHED AND MARKED AS EXHIBIT P7. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 01.04.2019 FROM HON'BLE SUPREME COURT OF INDIA ARISING FROM WP(CIVIL) 1508/2018 IS HEREBY ATTACHED AND MARKED AS EXHIBIT P8. True Copy PS to Judge
Rp
SWATHIRAJ.M.S.
UNION OF INDIA
DENTAL COUNCIL OF INDIA
UNIVERSITY GRANTS COMMISSION
STATE OF KERALA
THE DIRECTOR OF MEDICAL EDUCATION
S.MANIKUMAR
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
