Harshit Saini v. Union of India and others) to contend that the similar relief may be granted

Heard learned counsel for the petitioner. Sri Vivek Kumar Singh, learned Senior Central Government Counsel appears on behalf of respondent nos. 1 and 4. The respondent no.2 is represented by Sri Sudeep Harkauli, Advocate. Sri Avneesh Tripathi, learned counsel has accepted notice on behalf of respondent no.5-Chaudhary Charan Singh University, Meerut. The respondent No. 7- University Grants Commission is represented by Sri Dhananjay Awasthi, Advocate.

3. This petition has been filed seeking the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the orders/letters dated 03.04.2024 and 18.04.2024 issued by Dental Council of India (Contained as Annexure No. 4 and 5 to the writ petition), refusing to grant extension, as contemplated under Clause 3(1)(f)(x) of University Grants Commission (Redressal of Grievances of Students) Regulation, 2023 read with Guidelines of UGC dated 15.10.2015. (ii) Issue a writ, order or direction in the nature of mandamus directing the Respondents authorities to permit the petitioner to appear in the final year examination scheduled to be held in the month of October/November 2025, after providing the relaxation of one year as per the Guidelines of UGC dated 15.10.2015 read with Clause 3(1)(f)(x) of University Grants Commission (Redressal of Grievances of Students) Regulation, 2023."

4. The contention of the learned counsel for the petitioner is that terms of UGC Guidelines on Determination of a Uniform Span Period within which a student may be allowed to qualify for a Degree is specified as by general formula which is N+2 years for the completion of programme where N stands for the normal or minimum duration prescribed for completion of the programme. He further states that in exceptional circumstance, a further extension of one more year may be granted as provided in sub-clause (b) of Clause 2 of the aforesaid UGC Guidelines.

5. Sri Sudeep Harkauli, learned counsel appearing for the respondent no.2 has referred to the impugned order dated 3.4.2024, the extract of which reads as follows:- “वि(cid:2)षय ikB;dze : बीडीएस की अ(cid:2)धि(cid:15) के वि(cid:2)स्तार और अधि(cid:15)कतम अ(cid:2)धि(cid:15) से अधि(cid:15)क हो जाने sa Request पर परी्ቌा के लि(cid:30)ए आ(cid:2)ेदन करने की अनुमधित के लि(cid:30)ए अनुरो(cid:15) के for extension of duration of BDS Course and permission to apply for examination beyond the maximum duration-Reg. lEcU/k e महोदय˜ÅSir मुझे ऊपर उቤኌ&लि’त वि(cid:2)षय पर आपके ईमे(cid:30) (emails) विदनांक 11.03.2024 का संद्ቝ+ ्ቇहण करने और यह कहने का विनदेश gqvk है विक डीसीआई की काय+कारिरणी सविमधित ने विदनांक 13.03.2024 को आयोቤኌजत अपनी बैठक में आपकी उपरो्ሹ ्ቚा्ቕ+नाओं पर वि(cid:2)चार विकया और चचा+ और वि(cid:2)चार-वि(cid:2)मश+ के बाद विनम्नानुसार विनण+य लि(cid:30)या गयाः- I am directed to refer to your emails dated 11.03.2024 on the subject mentioned above and to say that the Executive Committee of the DCI in its meeting held on 13.03.2024 considered your requests referred to above and after discussion and deliberation decided as under:- The applicants be intimated that the students those have taken admission for doing their BDS Course during the academic session 2015-2016 shall be governed as per following provision of 7th amendment of DCI's Revised BDS Course Regulations, 2007 which came into force from the date of its notification in the official gazette of India (i.e. 27th April, 2015), according to which each and every student has to complete his/her BDS Course in all subjects including internship within a period of nine years from the date of admission, falling which, he/she shall be discharged from the course:- "Any student who does not clear the BDS Course in all the subjects within a period of 9 years, including one year Compulsory Rotatory Paid Internship from the date of admission shall be discharged from the course." Accordingly as per above provisions of DCI regulations, the request of the students who have taken admission in BDS Course during the academic session 2015-2016 for allowing them to appear in 2nd/3rd/final year BDS exam cannot be accepted. काय+कारिरणी सविमधित का उपरो्ሹ विनण+य आपकी जानकारी ए(cid:2)ं आ(cid:2)श्यक काय+(cid:2)ाही 2 हेतु अ्ቇेविषत विकया जाता है। 2 of 4 The above decision of the Executive Committee is communicated for your information and necessary action. ्ቝ(cid:2)दीय, मुके श कु मार (Mukesh Kumar) उप सधिच(cid:2) ्ቝारतीय दंत परिरषद”

6. He further contends that it is Dental Council of India (DCI) which is the body that would regulate examinations of BDS courses being carried out in various colleges across the India and uniform policy has been adopted that any student, who does not clear the BDS Course in all the subjects within a period of 9 years, including one year Compulsory Rotatory Paid Internship from the date of admission, shall be discharged from the course.

7. Admittedly, the petitioner had taken admission in BDS course during the academic session 2015-2016, as such 9 years have already elapsed.

8. In view of the aforesaid decision of the DCI as communicated to the petitioner by means of letter dated 18.4.2024, the petitioner cannot claim any right to appear in the examination.

9. Learned counsel for the petitioner has referred to an interim order, passed by this Court on 20.12.2024 in Writ-C No. 42596 of 2024 (Harshit Saini Vs. Union of India and others) to contend that the similar relief may be granted to the petitioner also.

10. In the opinion of the Court, since this matter is being finally dealt with by this Court by means of this judgment, the interim order as is relied upon by the petitioner cannot be granted. A mandamus can only be granted in respect of a statutory duty. The aforesaid decision of DCI dated 3.4.2024 bearing No. DCI/ Admission/Adman/ BDS/Gen /999/2015-16/2024/92 has already 3 of 4 been quoted herein above. This is apparently in consonance with the regulation of the DCI and requires no interference.

11. This petition is, therefore, dismissed. Order Date :- 21.5.2025 sfa/ (Jayant Banerji, J) SYED FAHEEM AHMAD High Court of Judicature at Allahabad 4 of 4

Heard learned counsel for the petitioner. Sri Vivek Kumar Singh, learned Senior Central Government Counsel appears on behalf of respondent nos. 1 and 4. The respondent no.2 is represented by Sri Sudeep Harkauli, Advocate. Sri Avneesh Tripathi, learned counsel has accepted notice on behalf of respondent no.5-Chaudhary Charan Singh University, Meerut. The respondent No. 7- University Grants Commission is represented by Sri Dhananjay Awasthi, Advocate.

3. This petition has been filed seeking the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the orders/letters dated 03.04.2024 and 18.04.2024 issued by Dental Council of India (Contained as Annexure No. 4 and 5 to the writ petition), refusing to grant extension, as contemplated under Clause 3(1)(f)(x) of University Grants Commission (Redressal of Grievances of Students) Regulation, 2023 read with Guidelines of UGC dated 15.10.2015. (ii) Issue a writ, order or direction in the nature of mandamus directing the Respondents authorities to permit the petitioner to appear in the final year examination scheduled to be held in the month of October/November 2025, after providing the relaxation of one year as per the Guidelines of UGC dated 15.10.2015 read with Clause 3(1)(f)(x) of University Grants Commission (Redressal of Grievances of Students) Regulation, 2023."

4. The contention of the learned counsel for the petitioner is that terms of UGC Guidelines on Determination of a Uniform Span Period within which a student may be allowed to qualify for a Degree is specified as by general formula which is N+2 years for the completion of programme where N stands for the normal or minimum duration prescribed for completion of the programme. He further states that in exceptional circumstance, a further extension of one more year may be granted as provided in sub-clause (b) of Clause 2 of the aforesaid UGC Guidelines.

5. Sri Sudeep Harkauli, learned counsel appearing for the respondent no.2 has referred to the impugned order dated 3.4.2024, the extract of which reads as follows:- “वि(cid:2)षय ikB;dze : बीडीएस की अ(cid:2)धि(cid:15) के वि(cid:2)स्तार और अधि(cid:15)कतम अ(cid:2)धि(cid:15) से अधि(cid:15)क हो जाने sa Request पर परी्ቌा के लि(cid:30)ए आ(cid:2)ेदन करने की अनुमधित के लि(cid:30)ए अनुरो(cid:15) के for extension of duration of BDS Course and permission to apply for examination beyond the maximum duration-Reg. lEcU/k e महोदय˜ÅSir मुझे ऊपर उቤኌ&लि’त वि(cid:2)षय पर आपके ईमे(cid:30) (emails) विदनांक 11.03.2024 का संद्ቝ+ ्ቇहण करने और यह कहने का विनदेश gqvk है विक डीसीआई की काय+कारिरणी सविमधित ने विदनांक 13.03.2024 को आयोቤኌजत अपनी बैठक में आपकी उपरो्ሹ ्ቚा्ቕ+नाओं पर वि(cid:2)चार विकया और चचा+ और वि(cid:2)चार-वि(cid:2)मश+ के बाद विनम्नानुसार विनण+य लि(cid:30)या गयाः- I am directed to refer to your emails dated 11.03.2024 on the subject mentioned above and to say that the Executive Committee of the DCI in its meeting held on 13.03.2024 considered your requests referred to above and after discussion and deliberation decided as under:- The applicants be intimated that the students those have taken admission for doing their BDS Course during the academic session 2015-2016 shall be governed as per following provision of 7th amendment of DCI's Revised BDS Course Regulations, 2007 which came into force from the date of its notification in the official gazette of India (i.e. 27th April, 2015), according to which each and every student has to complete his/her BDS Course in all subjects including internship within a period of nine years from the date of admission, falling which, he/she shall be discharged from the course:- "Any student who does not clear the BDS Course in all the subjects within a period of 9 years, including one year Compulsory Rotatory Paid Internship from the date of admission shall be discharged from the course." Accordingly as per above provisions of DCI regulations, the request of the students who have taken admission in BDS Course during the academic session 2015-2016 for allowing them to appear in 2nd/3rd/final year BDS exam cannot be accepted. काय+कारिरणी सविमधित का उपरो्ሹ विनण+य आपकी जानकारी ए(cid:2)ं आ(cid:2)श्यक काय+(cid:2)ाही 2 हेतु अ्ቇेविषत विकया जाता है। 2 of 4 The above decision of the Executive Committee is communicated for your information and necessary action. ्ቝ(cid:2)दीय, मुके श कु मार (Mukesh Kumar) उप सधिच(cid:2) ्ቝारतीय दंत परिरषद”

6. He further contends that it is Dental Council of India (DCI) which is the body that would regulate examinations of BDS courses being carried out in various colleges across the India and uniform policy has been adopted that any student, who does not clear the BDS Course in all the subjects within a period of 9 years, including one year Compulsory Rotatory Paid Internship from the date of admission, shall be discharged from the course.

7. Admittedly, the petitioner had taken admission in BDS course during the academic session 2015-2016, as such 9 years have already elapsed.

8. In view of the aforesaid decision of the DCI as communicated to the petitioner by means of letter dated 18.4.2024, the petitioner cannot claim any right to appear in the examination.

9. Learned counsel for the petitioner has referred to an interim order, passed by this Court on 20.12.2024 in Writ-C No. 42596 of 2024 (Harshit Saini Vs. Union of India and others) to contend that the similar relief may be granted to the petitioner also.

10. In the opinion of the Court, since this matter is being finally dealt with by this Court by means of this judgment, the interim order as is relied upon by the petitioner cannot be granted. A mandamus can only be granted in respect of a statutory duty. The aforesaid decision of DCI dated 3.4.2024 bearing No. DCI/ Admission/Adman/ BDS/Gen /999/2015-16/2024/92 has already 3 of 4 been quoted herein above. This is apparently in consonance with the regulation of the DCI and requires no interference.

11. This petition is, therefore, dismissed. Order Date :- 21.5.2025 sfa/ (Jayant Banerji, J) SYED FAHEEM AHMAD High Court of Judicature at Allahabad 4 of 4