LAWS(MAD)-2017-10-273

ALI FIROUZI Vs. REGISTRAR, MGR MEDICAL UNIVERSITY, CHENNAI

Decided On October 30, 2017
Ali Firouzi Appellant
V/S
Registrar, Mgr Medical University, Chennai Respondents

JUDGEMENT

(1.) The writ petition is filed for issue of a Writ of Mandamus to direct the 2nd respondent to issue the eligibility certificate to the petitioners and also direct the 1st respondent not to cancel the admission for the year 2016-17.

(2.) Before proceeding with the facts of the case, as per the relevant provisions of Revised MDS Course Regulations, 2007, for pursuing MDS course, the college or the student is required to get NOC first from the Ministry of Health and Family Welfare and therefore, it is appropriate to implead the same as a party to the writ petition. Accordingly, "Union of India, represented by its Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi" is suo motu impleaded by this Court as 5th respondent to the writ petition. Mr.B. Rabu Manohar, learned counsel takes notice for the newly impleaded 5th respondent.

(3.) The petitioners are foreign nationals from Republic of Iran, who have come down to India for the purpose of study. They joined Vokkalingara Sangha Dental College and Hospital, which is affiliated to Rajiv Gandhi University of Health Sciences, Karnataka, for pursuing their Bachelor's Degree in Dental Surgery (BDS), during 2009 and completed the same in December, 2014. They had also completed their one year Compulsory Rotating Internship in the said College from 19.03.2014 to 18.03.2015. Subsequently, the respective petitioners got admission on 25.05.2016 & 31.05.2016 in Ragas Dental College and Hospital, Chennai, affiliated to Tamil Nadu Dr.MGR Medical University, Chennai, for pursuing their three year Post Graduation in Dental Surgery (MDS), in the specialities of Periodontics (1st petitioner) and Orthodontics and Dentofacial Orthopedics (2nd petitioner). According to the petitioners, eventhough they are entitled to confirmation of their admission from the 1st respondent University, the same has not been done and their admissions have been put on hold for production of NOC from the Central Government as well as NOC for grant of temporary registration from the Dental Council of India. Therefore, the petitioners have approached this Court with the aforesaid prayer.