High Court · 2025

W.P. No.4744 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.08.2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.P.No. 4744 of 2024 Dr.Sahaya Reena Nadesan .... PetitionerVs.1.Union of India, represented by its Secretary, Health & Family Welfare, Nirman Bhavan, New Delhi.2.Dental Council of India represented by its Secretary Aiwan-E-Ghilab Marg, Kotla Road, New Delhi.3.Tamil Nadu Dr.MGR Medical University represented by its Registrar, 69, Anna Salai, Guindy, Chennai.4.M/s.Rajas Dental College & Hospital, represented by its Chairman, Kavalkinaru Junction, Tirunalveli District.1/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 20245.Tamil Nadu Dental Council No.216, Arihant Majestic Towers, J.N.Salai, Koyembedu, Chennai. .... RespondentsPRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus to direct the 5th respondent to issue a Certificate of Registration as a Dentist under the Dentists Act, 1948 within a stipulated period of time.For Petitioner : Mr.S.Shashank and K.NivethaFor R1: Mr.K.S.Jeyaganeshan Senior Panel CounselFor R2: Mr.Subramanian VaidyanathanFor R3: Mr.G.Arumugam Standing CounselFor R4: Mr.D.Prabhu Mukunth ArunkumarFor R5: No appearance ORDERThe petitioner seeks for issuance of Writ of Mandamus to direct the 5th respondent to issue a Certificate of Registration as a Dentist under the Dentists Act, 1948 within a stipulated period of time.2/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 20242. The learned counsel for the petitioner would submit that the petitioner had finished her BDS and got registered with Tamil Nadu Dental Council in the month of February 2012. Subsequently, in order to pursue her post graduation, she participated in NEET-MDS and successfully qualified in the examination.3. The learned counsel would further submit that the petitioner has got admission for MDS in Rajas Dental College who is the 4th respondent herein. The learned counsel would further submit that though the 4th respondent had filed a writ petition in W.P.No.24082 of 2021, which was ultimately dismissed on 28.07.2023, since that writ petition relates to the 2021-2022 batch, the same has no bearing in the instant writ petition. It is further submitted that at the time of petitioner's admission, the 4th respondent college was recognized by Dental Council of India (DCI) and was also approved by the Government. However, inspite of obtaining valid degree from the 4th respondent college, the 5th respondent is not registering the petitioner under their roll, so as to practice the profession.3/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 20244. Per contra, the above said contention was totally objected by the learned Senior Panel Counsel for the first respondent. The Senior Panel counsel would contend that the recognition of the 4th respondent college was only provisional and that, time and again they have raised queries with regard to the 4th respondent violation. It is the further submission of the learned Senior Panel counsel that, according to the relevant rules, the college must have 100 bedded Hospital or if such college is using any other Hospital, it must be within 10 kms distance by road, whereas in the case on hand, the 4th respondent college which use the Boothapandi Government General Hospital, situated at the distance of 16 kms. Therefore, when they violate the very fundamental rules of having 100 bedded Hospital, the provisional recognition which had been given, cannot enure any benefit either to the students or to 4th respondent. Therefore, contented that the prayer sought for by the petitioner may not be granted.5. The above contention of the Senior Panel counsel for the 1st respondent was reiterated by the learned standing counsel appearing for the 2nd respondent.4/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 20246. The learned counsel for the 4th respondent college would submit that their college was given permission by 1st respondent to admit the student for the academic year 2020-2021, and that these petitioners are the student either of the academic year 2020-2021 or prior to the above year. Further all of them were admitted based upon the allotment letter issued to the NEET. Hence contended in support of the petitioner.7. I have given my anxious consideration on either side submissions.8. No doubt, the recognition of the 4th respondent college was put to challenge vide writ petition in W.P.No.24082 of 2021. But the above challenge is relate to academic year 2021-2022, and the issue dealt in the above writ petition is whether the 4th respondent college has complied the pre-condition imposed by the 1st and 2nd respondents for the academic year 2021-2022. To put it in other words, whether the Hospital which is attached to the 4th respondent college situates within 10 km from the college. 5/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 20249. When the 4th respondent college dispute such stipulation, this Court vide order dated 28.07.2023, has held that the conditions stipulated by the 1st and 2nd respondent is valid, and unless the 4th respondent college satisfies the condition the question of admitting the student for the academic year 2021-2022 does not arise and ultimately dismissed the writ petition filed by the 4th respondent college. 10. Therefore, it is amply clear that there was a dispute in respect of the admission of the student for the academic year 2021-2022. But at the same time admittedly there are no documents available before this Court so as to dispute the previous year admission. It is not in serious dispute that the 1st batch of the MDS was started in the 4th respondent college in the academic year 2017-2018, and the 1st respondent vide letter dated 25.02.2020 in No. V.12017/13/2019-DE has addressed the letter to the Principal of the 4th respondent College, permitting them to admit the students for the 4th batch MDS in the following course for the academic year 2020-2021 6/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 2024SNSpecialitySeats for which renewal sought for1Orthodontics & Dentofacial Orthopedics22Oral Medicine & Radiology13Periodontology24Oral Pathology & Microbiology25Prosthodontics and Crown & Bridge2 to 36Conservative Dentistry and Endodontics2 to 311. It is also pertinent to mention here that this Court vide order dated 23.06.2023 in W.P.No.10512 of 2023 has granted the similar relief for the students those who have enrolled in the previous academic year 2017-2018 and for the academic year 2019-2020.12. It is pertinent to mention here that though the petitioner has referred in the present writ petition that she has joined in the course of BDS in the year 2005 it was disputed by the 1st respondent by saying that she joined in the academic year February 2012. At this juncture this Court would like to refer that it is expected from the petitioner to come up with clear and correct facts whenever sworn the affidavit.7/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 202413. Coming back to the issue, it is also not in dispute that upto 2020-2021, there was a provisional recognition. However the learned senior panel counsel would contend that the provisional recognition will in no way give any benefit either to the college or to the student unless the 4th respondent comply with the condition of having attached hospital within 10 km distance, or having 100 bedded hospital within the college premises. 14. Though, the learned Senior Panel counsel contended that when the provisional recognition is based upon a condition, and when such condition has not been complied with, the question of admitting the petitioner in the 5th respondent council is illegal. But this Court respectfully disagrees with the submission of the learned Senior Panel counsel, as the 4th respondent college was having a recognition to admit the students upto 2020-2021, though according to the 1st respondent it is a provisional recognition. When the students were permitted to join and study the course, that too as per the NEET allotment, the question of reverting such provisional selected candidates, who burned their midnight oil for several years after spending huge money and energy, 8/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 2024would nothing but illegal, unconscionable and unjustifiable.15. Though the learned Senior Panel counsel would rely upon the letter dated 02.08.2021 which is impugned in the other writ petition in W.P.No.24082 of 2021, on a harmonious reading of the above letter, it is clear that the letter only refers about the admission with regard to the academic year 2021-2022. In all the correspondence relied on by the 1st respondent, this Court could not find any letter or correspondence, so as to dispute the recognition of the 4th respondent college upto the academic year 2020-2021. 16. Though the senior panel counsel would contend that it is only a provisional recognition, this Court is at a loss to understand the difference between provisional recognition and permanent recognition in the context of the above facts in issue. Having given a recognition to the 4th respondent college provisionally, the denial of registration of the degree certificate of their student by the 5th respondent based upon the subsequent de-recognition would only makes the life of the student become miserable and against the principle of legitimate expectations. 9/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 202417. Therefore, this Court is of the firm view that the defence of the 1st respondent that provisional recognition will not give any benefit to the student as well as the 4th respondent college is illegal and without any rationale. Therefore, this Court is of the firm view that the prayer sought for by the petitioner, who had studied the course in the 4th respondent college upto the academic year 2023 has to be recognized by the 5th respondent and the petitioner studied during the academic year 2020-2023, during which period the 4th respondent college had recognition and permission to admit the students. Accordingly the 5th respondent has to register the name of the petitioner in their roll.18. In the result, the writ petition is allowed directing the 5th respondent to issue a certificate of registration to the petitioner as a Dentist under the Dentist Act 1948, within a period of six weeks from the date of receipt of a copy of this order. No costs.19.08.2025Index: Yes/NoNeutral citation: Yes/Nompa10/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 2024To1.Union of India, represented by its Secretary, Health & Family Welfare, Nirman Bhavan, New Delhi.2.Dental Council of India represented by its Secretary Aiwan-E-Ghilab Marg, Kotla Road, New Delhi.3.Tamil Nadu Dr.MGR Medical University represented by its Registrar, 69, Anna Salai, Guindy, Chennai.4.M/s.Rajas Dental College & Hospital, represented by its Chairman, Kavalkinaru Junction, Tirunalveli District.5.Tamil Nadu Dental Council No.216, Arihant Majestic Towers, J.N.Salai, Koyembedu, Chennai. 11/12 https://www.mhc.tn.gov.in/judis W.P. No.4744 of 2024C.KUMARAPPAN ,J. mpaW.P. No.4744 of 202419.08.202512/12