ABIDA NASEEM Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition has been filed challenging order No. DRT (S) 61 -65 dated: 14 -07 -2000 whereby the registration of the petitioner as Dental Medical Specialist has been cancelled by Registrar, Dentists Registration Tribunal on the ground of his not possessing the recognised dental qualification.

(2.) THE petitioner submits that she completed her B.D.S. course from Sri Sidhartha Dental College, Tumkur, Karnataka, India. The said College, according to the submission of the petitioner, is affiliated with the Banglore University and duly approved by the Dental Council of India. The Bangalore University in turn is recognised as a statutory body competent to award Degree Certificates. Sri Sidharaths Dental College (hereinafter referred to as the College) does not award Bachelors Degree in Dental Surgery, but only imparts Education and Training in Dentistry. After completing the B.D.S. course, it is submitted that, the petitioner was awarded Degree Certificate by Bangalore University. The petitioner on the basis of a valid Degree Certificate of Bangalore University applied for registration to practice as a Dental Medical Practitioner, which was permitted by respondents vide annexure C to the petition. Respondent No.

(3.) SUBSEQUENTLY without any justification, legally or otherwise, has cancelled the registration certificate of the petitioner in terms of the impugned order. The petitioner submits that the cancellation of the certificate has violated her fundamental rights to earn her livelihood as a Dental Medical Practitioner and as such the same requires to be quashed. 3. The stand taken by the respondents is that the petitioner does not hold a recognised qualification for registration under the Dentist Act because the Sri Sidharatha Dental College, Tumkur, Karnataka, where the petitioner studied and passed her B.D.S. Examination, is not a recognised College by the Medical Council of Dentistry and as provided under Section 35 of the Act of 1948 read with Part 1 of the Schedule of the Dentists Act. The fact that the petitioner has been given a certificate by Bangalore University, which is a recognised University, will not validate the disqualification of the petitioner having studied in an unrecognised College. On these grounds it is submitted that the writ petition deserves to be dismissed as none of the rights of the petitioner have been violated.