Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY,THE4H DAY OF OCTOBER201312TH ASWINA, 1935 WP(C).No. 23437 of 2013 (D) ---------------------------- PETITIONER : -------------------------- DR.ANU MOHAN, ARCHANA NIVAS, GOVINDAMUTTOM P.O., PUTHUPPALLY, KAYAMKULAM, ALAPPUZHA DISTRICT-PIN-690 527. BY DR.K.P.SATHEESAN,SENIOR ADVOCATE ADVS. SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN RESPONDENT(S): ---------------------------- 1. THE SECRETARY, DENTAL COUNCIL OF INDIA, AIWAN-E-GALIB MARG, KOTLA ROAD, NEW DELHI-110 002.
2. TRIBHUVAN UNIVERSITY, REPRESENTED BY ITS REGISTRAR, TRIBHUVAN, KATHMANDU, NEPAL.
3. THE PRINCIPAL, UNIVERSAL COLLEGE OF MEDICAL SCIENCES-COLLEGE OF DENTAL SURGERY, PAKLIHAWA CAMPUS, BHAIRAHAWA, NEPAL. R1 BY ADV.SRI.ALEXANDER THOMAS, SC,DENTAL COUNCIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0410-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 23437 of 2013 (D) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. TRUE COPY OF THE INTERNSHIP COMPLETION CERTIFICATE ISSUED BY THE2D RESPONDENT UNIVIERSITY DATED51/2012. EXT.P2. TRUE COPY OF THE ACADEMIC TRANSCRIPT ISSUED BY THE2D RESPONDENT UNIVIERSITY DATED25.2012. EXT.P3. TRUE COPY OF THE CHARACTER CERTIFICATE ISSUED BY THE3D RESPONDENT DATED612/2010. EXT.P4. TRUE COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE CONTROLLER OF EXAMINATION OF THE2D RESPONDENT DATED315/2012. EXT.P5. TRUE COPY OF THE BONAFIDE CERTIFICATE ISSUED BY THE3D RESPONDENT DATED2812/2011. EXT.P6. TRUE COPY OF THE CLINICAL CLERKSHIP CERTIFICATE ISSUED BY THE3D RESPONDENT DATED1109/2013. EXT.P7. TRUE COPY OF THE INFORMATION BULLETIN AND APPLICATION FORM FOR SCREENING TEST PUBLISHED BY THE1T RESPONDENT EXT.P8. TRUE COPY OF THE RECEIPT ISSUED BY THE COURIER SERVICES DATED1010/2012. EXT.P9. TRUE COPY OF THE DEMAND DRAFT DRAWN IN FAVOUR OF THE1T RESPONDENT RS.50,000/- DATED179/2012. EXT.P10. TRUE COPY OF THE DEMAND DRAFT DRAWN IN FAVOUR OF THE1T RESPONDENT RS.1000/- DATED179/2012. EXT.P11. TRUE COPY OF THE LETTER GIVEN BY THE1T RESPONDENT TO THE PETITIONER DATED193/2013. EXT.P12. TRUE COPY OF THE LETTER GIVEN BY THE1T RESPONDENT TO THE PETITIONER DATED84/2013. EXT.P13. TRUE COPY OF THE LETTER GIVEN BY THE1T RESPONDENT TO THE PETITIONER DATED125/2013. EXT.P14. TRUE COPY OF CERTIFICATE ISSUED BY THE3D RESPONDENT DATED196/2013. EXT.P15. TRUE COPY OF LETTER DATED268/2013 ISSUED BY THE1T RESPNDENT sts 2/- -2- WP(C)NO.23437/2013 EXT.P16. TRUE COPY OF THE LETTER WRITTEN TO THE1T RESPONDENT BY THE3D RESPONDENT DATED99/2013. EXT.P17. TRUE COPY OF THE CERTIFICATE ISSUED BY THE3D RESPONDENT DATED99/2013. EXT.P18. TRUE COPY OF THE CERTIFICATE ISSUED BY THE3D RESPONDENT DATED89/2013. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.C.No.23437 OF2013--------------------------------------- Dated this the 4th day of October, 2013. JUDGMENT
In response to the application preferred by the petitioner, for appearing in the Screening Test Examination for recognition of the BDS awarded by the Tribhuvan University, Nepal, the petitioner was let known by the 1st respondent/Dental Council of India vide Ext.P13 dated 12.05.2013 to meet the requirements in the following terms:- "I am directed to refer to your application dated 05.10.2012 on the subject cited above and to say that the Executive Committee of the DCI in its meeting held on 10th May 2013 considered your application referred to above along with the recommendations of the Scrutinee Committee (16.04.2013) and after some discussion decided to accept the following recommendations of the Scrutinee Committee as under:- The Committee on seeing the documents after given personal hearing to the applicant decided that the applicant may furnish the following documents/details duly certified by the concerned authorities for considering his application further.
1. Attendance record from the college for all the years from 2002 to 2010 2. Reasons for justifying the long study period 3. Record of clinical work book during BDS course." 2. The case of the petitioner is that, all the requisite documents were submitted for consideration of the Council, but W.P.C.No.23437 OF20132 the application came to be rejected as per Ext.P15, stating that the petitioner could not justify the prolonged duration for BDS study and the actual stay in the Country of study, which in the case of the petitioner was of nearly 8 years' duration. It was in the said circumstances, that the petitioner approached the concerned College, wherein the petitioner completed his studies, who issued Ext.P18 dated 08.09.2013, explaining the sequence of events. Ext.P17 shows the particulars of the 'Clinical Log Book' and Ext.P16 shows the period of study ie. from 15.11.2002 to 22.12.2011. The learned counsel also points out that the petitioner has completed the training of one year as stipulated under the internship, in the year 2012. The prayers are in the following terms:- "i) to issue a Writ of Mandamus or order or direction to the first respondent to accept Exts.P16, P17 and P18 certificates issued by the competent authority as reply to Ext.P15 order; ii) to issue a Writ of Mandamus or order or direction to the first respondent to allow the petitioner to appear for the next screening test for registration to the State Dental Council; iii) to issue a Writ of Mandamus or order or direction to the first respondent to convene the meeting of the scrutiny committee so as to verify the genuineness and eligibility of the petitioner and similarly placed persons as expeditiously as possible and at any rate before the next date of the screening test; W.P.C.No.23437 OF20133 iv) to declare that the petitioner is entitled to appear for the next screening test for registration to the State Dental Council conducted by the first respondent as the petitioner satisfies all the conditions in Ext.P7 bulletin; v) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case." 3. The learned Standing Counsel appearing for the 1st respondent/Dental Council of India submits that the date of the next Screening Test has not been scheduled so far. It is pointed out that the meeting of the Scrutinee Committee has been scheduled on 15.10.2013 and if the petitioner files a proper representation along with the relevant materials/records/ documents, the same will be considered by the 'Scrutinee Committee' in the next meeting itself and that the recommendation will be forwarded to the 'Executive Committee', who is the Competent Authority to take a final decision for registration. In the said circumstances, the petitioner is set at liberty to file a representation as above before the 1st respondent forthwith, within 'one week' from today, along with relevant documents including Exts.P16 and P18, so as to have it placed for W.P.C.No.23437 OF20134 consideration before the 'Scrutinee Committee', who shall consider the same and the recommendation along with relevant materials shall be placed for consideration before the 'Executive Committee' for passing appropriate orders for redressal of the grievance of the petitioner. The Executive Committee shall pass appropriate orders in accordance with law, as expeditiously as possible. The Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE sp