Dismissed

Lini B., v. Government of Kerala

Kerala HC15 Nov 2021WP(C)/7083/2021

Case brief

AI extract

What is this about?

The petitioner, who had attended classes for three months of the BDS course before discontinuing due to personal reasons, sought to re-admit after a lapse of over five years. The Court dismissed the writ petition, holding that it could not deviate from the BDS Course Regulations which mandate discharge if examination requirements are not met within specified time limits.

What did the court decide?

The writ petition was dismissed, and the petitioner was not permitted to continue the course.

Lini B., Vs Government of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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MONDAY, THE 15TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943
WP(C) NO. 7083 OF 2021

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PETITIONER:

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LINI B.,
AGED 31 YEARS,
D/O.BALARAMAN, OORIYELMEPUYRATHU HOUSE ITHAL,
AISWARYA NAGAR, NEAR UDALAKKATTU TEMPLE,
ADATTU, THRISSUR DISTRICT,PIN-680 551

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BY ADVS.
BIJU MARTIN
SRI.P.V.PAULSON

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RESPONDENT/S:

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1 GOVERNMENT OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, THRISSUR,PIN-680 596

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3 THE PRINCIPAL P.S.M.COLEGE OF DENTAL SCIENCE AND RESEARCH, BYPASS ROAD, AKKIKAVU.P.O., THRISSUR DISTRICT, PIN-680 519

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4 DENTAL COUNSIL OF INDIA, AIWAN-E GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI, DELHI -110 002, REPRESENTED BY ITS SECRETARY

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BY ADVS.

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SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH
SCIENCES

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SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA
SRI JIMMY GEORGE, GOVERNMENT PLEADER

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WP(C) NO. 7083 OF 2021 -2-

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 7083 OF 2021 -3-

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JUDGMENT

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Through the instant writ petition the petitioner has sought the indulgence of this Court quashing Exts.P5 and P6 orders whereby the request of the petitioner for undergoing the BDS Course after lapse of more than five years has been rejected.

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The facts culled out are that; for the 2011-12 batch petitioner obtained admission in BDS Course and was issued Register No.110020973. For a period of three months attended the regular class and thereafter could not attend the same as there was a matrimonial discord between her and her husband, which resulted into series cases like custody of the child and mutual divorce. Exts.P1 and P2 are the testimony of the same. After obtaining divorce in 2019, petitioner approached the College for attending the class, which was allowed. However the representation Ext.P3 dated 17.08.2019 was submitted before the 2^nd respondent - Kerala University of Health Sciences - which was considered and allowed the

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WP(C) NO. 7083 OF 2021 -4-

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petitioner to attend the regular classes as evident from Ext.P4. While awaiting the approval for re-admission, received the communication dated 13.07.2020 and 26.06.2020 from the Dental Council of India whereby such admission had not been regularised owing to the BDS Course Regulations 2007 and revision thereof.

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Learned counsel appearing on behalf of the petitioner contended that petitioner belongs to Schedule Caste Community, now she is widow and mother. There is nobody in the family to look after. Petitioner had actually remitted re-admission fees which was accepted by the university. The reasons for non attending of classes were beyond the control. Thus, the action of the respondents in denying the admission by taking the aid of the Regulations, which has not envisaged such provisions, is irrational and arbitrary.

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On the other hand learned counsel appearing on behalf of the Dental Council of India countered the argument by relying upon the defence taken in the

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WP(C) NO. 7083 OF 2021 -5-

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counter affidavit that even the BDS Course Regulations, 2007 could not permit the admission beyond the period of three years and the revision made in the year 2015 by way of substitution makes it clear that any student who does not clear the BDS Course in all subjects within a period of nine years including one year compulsory rotatory paid internship from the date of admission shall be discharged from the course. None of the aforementioned condition stands qualified i.e., of completion of three years much less of clearing all the subjects in nine years and if such admission is granted by treating the petitioner with mercy, it would open a plethora of such litigations.

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I have heard learned counsel for the parties and appraised the paper books.

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It would be axiomatic to extract the contents of

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the communication Ext.P6 dated 26.06.2020, as follows:

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"Sub: Re-admission of 2011-12 Batch student of P.S.M. College of Dental Science & Research, Thrissur(Kerala) Sir,

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WP(C) NO. 7083 OF 2021

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-6-

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I am directed to refer to your letter No.PSMDC/DCI-Acd/01/2020 dated 15.01.2020 on the subject mentioned above thereby forwarding the request letter dated 19.08.2019 of Ms.Lini B. who has joined BDS Course at your dental college in the year 2011 but discontinued the first year of study due to personal reasons. She did not appear on first year examination and the college authorities allowed her to attend first year classes along with 2019-20 batch. Now the college authorities requested to Council to ratify her admission and allowed the student to continue the course.

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In this connection, I am directed to say that the Executive Committee of the DCI in its meeting held on 13.05.2020 at New Delhi, considered your letter referred to above and after discussion and deliberations decided as under:-

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The request of Ms.Lini B., as forwarded by the Principal, P.S.M. College of Dental Science & Research, Thrissur (Kerala), for re-admission in 1st year BDS Course cannot be accepted since as per Revised BDS Course Regulations, 2007, she has not cleared the first BDS University examination in all subjects within 03 years from the date of admission, hence, shall be discharged from the course."

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On perusal of the same, Dental Council of India relied upon the BDS Course Regulations, 2007 which clearly envisage if any student has not cleared the first year BDS examination in all of the subjects within a period of three years from the date of admission, would be deemed to be discharged from the course. Even the revised Regulation, 2015 would not also come to the rescue of the petitioner for the reason that student has to

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WP(C) NO. 7083 OF 2021 -7-

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complete all the semesters within a period of nine years including one year compulsory rotatory paid internship. It is unfortunate the petitioner had to undergo agony of the matrimonial discord resulted into custody of the child as well as the mutual divorce and in this process more than five years had gone-by. Thus this Court cannot, while exercising the extraordinary jurisdiction under Article 226 of the Constitution of India, issue directions to the respondents to deviate from the Regulation and permit the petitioner to complete the course. I do not find any justification in accepting such prayer.

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Writ petition is accordingly dismissed.

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Sd/-
AMIT RAWAL
JUDGE

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VV

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WP(C) NO. 7083 OF 2021

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-8-

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APPENDIX OF WP(C) 7083/2021

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`PETITIONER EXH`	`IBITS`
`EXHIBIT P1`	`TRUE COPY OF THE JUDGMENT IN OP` `NO.1344/2016 DATED 18.11.2016 OF` `FAMILY COURT,ERNAKULAM`
`EXHIBIT P2`	`TRUE COPY OF THE JUDGMENT IN OP` `NO.566/2019 OF THE FAMILY COURT,` `ERNAKULAM DATED 08.04.2019`
`EXHIBIT P3`	`TRUE COPY OF THE REPRESENTATION FILED` `BY THE PETITIONER BEFORE THE 2ND` `RESPONDENT DATED 17.08.2019`
`EXHIBIT P4`	`TRUE COPY OF THE APPLICATION FRO RE-` `ADMISSION FOR THE YEAR 2019-2020 DATED` `24.06.2020`
`EXHIBIT P5`	`TRUE COPY OF THE LETTER` `NO.2020/1433/AC.1/GEN/B1/KUHS DATED` `DATED 13.07.2020 ISSUED BY THE 2ND` `RESPONDENT`
`EXHIBIT P6`	`TRUE COPY OF THE ORDER NO.DE-BDS(140)` `ADMISSION-2020/686 DATED 26.06.2020` `ISSUED BY DENTAL COUNCIL OF INDIA`
`EXHIBIT P7`	`TRUE COPY OF THE TREATMENT DETAILS OF` `THE PETITIONER ISSUED BY THE AMALA` `INSTITUTE OF MEDICAL SCIENCES,` `THRISSUR DATED 18.05.2015`

Lini B., v. Government of Kerala

Case brief

What is this about?

What did the court decide?

Lini B., v. Government of Kerala

Case brief

What is this about?

What did the court decide?

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