TANMAY SRIVASTAVA Vs. DENTAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioners numbering 30 are citizens of India who obtained BDS Degree from the Universal College of Medical Sciences, Bhairahwa, Nepal affiliated to Tribhuwan University of Nepal, Kathmandu, Nepal. The petitioners had taken admission in and around the year 2002 and undisputedly when they took admission the BDS Degree awarded by the University was not recognized by respondent No.1, Dental Council of India (for short DCI) and the position remained the same even after they had obtained the Degree.

(2.) The petitioners filed a WP (C) No.8659/2008 before this Court seeking directions for recognition of the BDS Course of the aforesaid University for purposes of practicing under The Dentists Act, 1948 (hereinafter referred to as the said Act) by process of issuance of a notification in the Official Gazette to include the University in Part III of the Schedule to the said Act. It may be noticed that the aspect of recognition was pending with the Central Government and respondent No.1 had been requesting the Central Government for permission to inspect the Institution.

(3.) In the said petition the petitioners themselves filed an interlocutory application inter alia praying that respondent No.1 be directed to frame regulations for a screening test so that the persons who qualify the said test can thereafter be put on the Register of Practicing Dentists. The aspect of making regulation in this behalf was also being examined by the respondents and The Dental Council of India Screening Test Regulations, 2009 (hereinafter referred to as the said Regulations) were notified by publication in the Gazette on 13.8.2009. The writ petition filed by the petitioners was accordingly disposed of by the High Court on 21.10.2009 with the direction to hold the screening test by January, 2010.