Arti Aneja vs State of Punjab

Jawahar Lal Gupta, J.—(Oral) - In the year 1993, the petitioner was admitted to the course leading to the degree of Bachelor of Dental Surgery, in the Dashmesh Institute of Research and Dental Sciences, Faridkot. She passed the final examination conducted by the Punjabi University in the year 1997. The petitioner was placed in the first division. She completed one year compulsory internship in the year 1998. Thereafter, the petitioner requested the Punjab Dental Council to register her. Having failed in her effort despite repeated representations etc., the petitioner has approached this Court with a prayer that a writ in the nature of mandamus be issued directing the second respondent viz. the Punjab Dental Council to register her.

A reply has been filed on behalf of the second respondent. It has been averred that the Dashmesh Institute of Research and Dental Sciences, Faridkot, is not a recognised institution. Thus, the petitioner is not entitled to be registered.

Counsel for the parties have been heard.

Mr. Dharam Pal, learned counsel for the petitioner, contends that the petitioner possesses a recognised qualification. She had obtained adegree from the recognised University. The name of the University appears in the Schedule-Part I of the Dentists Act, 1948 at serial No. 12. Despite that, the second respondent has been continuously harassing her.

On the other hand, Mr. H.S. Gill, learned counsel for the second respondent, submits that the institution in which the petitioner had studied had not been recognised. It has been granted only provisional affiliation. Thus, the petitioner is not entitled to be registered.

A graduate in Dental Surgery is entitled to have his name entered in the register on payment of the prescribed fee. The petitioner has, admittedly, requested the respondents to supply the necessary form for submitting the application. This was denied on the ground that she does not possess a recognised dental qualification. Is it so ?

Section 10, inter alia, provides that the dental qualifications granted by "any authority or institution in India, which are included in Part I of the Schedule shall be recognised dental qualifications for the purpose of this Act." It is not disputed that the Punjabi University from which the petitioner had qualified the Bachelor- of Dental Surgery examination, appears at serial No. 12 of the Schedule - Part I. That being the position, it is clear that the petitioner has a recognised'' dental qualification. Resultantly, she was entitled to be registered.

Mr. Gill submits that the institution in which the petitioner had studied has not been recognised. Thus, the petitioner is not entitled to any relief. The contention is misconceived. The University has awarded the degree to the petitioner. Not the college in which she had studied. Still further, the provision does not require that the candidate should have studied in a recognised institution. In any event, it is the admitted position that even the institution had been granted provisional recognition by the Dental Council. Taking the facts cumulatively, we find that the action of the second respondent is not legal and valid.

In view of the above, the writ petition is allowed. The second respondent is directed to register the petitioner within one week from the date of the receipt of a copy of this order. The petitioner shall also be entitled to her costs, which are assessed at Rs. 10,000/-.

Writ petition allowed.