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Judgment
All the petitioners are students of the BDS course who joined in the academic year 2018- 2019. The Dental Council of India prescribes BDS as a 4-year Course with compulsory rotatory internship. The students who cannot complete the course in 4 years are permitted to complete the course in a period of 8 years. Then they shall be eligible for internship. It is submitted that on account of the petitioner's admission into the course, the window period for completing the BDS course expired during August September 2026.
It is the specific case of the petitioners that the second respondent had disrupted the academic year by not conducting the examinations within the schedule. It is submitted that the first-year regular examinations were conducted in June-July 2019, and the supplementary examinations were conducted during November-December 2019.
It is submitted that the regular examinations in 2020 were held in November 2020 instead of June-July 2020. Likewise, the supplementary examinations for the year 2020 were conducted in May 2021. Accordingly, the academic year of the students of 2018-2019 was dragged on due to delays in conducting the examinations. The examinations for the year 2025 were also delayed by 6 months, and the academic year of 2024-2025 was extended because the respondent university failed to conduct the examinations as per the fixed schedule.
This was because the second respondent did not conduct examinations in line with the examination schedule, which is followed scrupulously year on year at any other university; accordingly, the petitioners could not complete the BDS course within the 8-year window period. It is submitted that, had the respondents conducted the examinations in accordance with the fixed exam schedule, the petitioners would not have approached this court seeking its indulgence to permit them to write the examinations.
The learned Standing Counsel for the respondent University submits that the petitioners cannot be permitted to appear for the examinations. It is submitted that none of the petitioners was able to complete the 4-year BDS course within the permitted 8-year time frame. It is submitted that, apart from completing the course within the stipulated 4 years or the permitted 8 years, the petitioners do not qualify for rotary internship as the Petitioners ought to have completed their course by September 2026 and the rotary internship by September 2027. It is also submitted that the BDS examination schedule was delayed due to the COVID-19 pandemic during 2020-2022. However, the respondent University has tried its best to make up for the delay in conducting examinations in the subsequent years. It is submitted that none of the petitioners qualifies to appear in the supplementary examination, as they have not completed the BDS course by September 2026. As such, the petitioners cannot be permitted to appear for the ensuing examinations in October 2026.
It is also submitted by the learned Standing Counsel for the University that the Hon'ble Division Bench of this Court considered an identical issue in a Writ Appeal filed by the University, aggrieved by the orders of the Learned Single Judge directing the University to permit the petitioners therein to pay the examination fee. It is submitted that the petitioners therein also could not complete the BDS course within the 8-year window.
It is submitted that, in view of the guidelines of the Dental Council of India, the petitioners cannot be permitted to appear for the supplementary examinations scheduled to be conducted in October 2026. In reply, the learned counsel for the petitioners submits that the petitioners should be granted one opportunity to complete the course by appearing in the ensuing supplementary examinations and that the 8-year window period for completing the BDS course is expiring in the month of September 2026 for the petitioners who joined the course as the 2018-2019 batch. It is also submitted that, had the respondent university conducted examinations regularly as per the schedule without extending the academic year, the petitioners could have completed their course within the stipulated period of time and that only on account of the delay in conducting examinations regularly as per the schedule twice a year are the petitioners presently in a helpless situation on account of the inability of the respondent university in conducting the examinations as per the schedule.
Heard learned counsel for the petitioners and the learned Standing Counsel for the respondents. Perused the record in the writ petitions.
The short point for consideration is whether this Court can exercise the writ jurisdiction and direct the respondents to permit the petitioners to appear for the final year BDS examinations, which are scheduled to be held from October 2026.
On the facts of the case, the Petitioners have joined the BDS course for the 2018-2019 batch and ought to have completed the 4-year course by 2023. The regulations permit the students to complete the course at the most In the year 2026. All the petitioners have admittedly failed to complete the BDS course in the 8-year window period permitted by the regulations of the Dental Council of India.
On perusal of the record available, it is evident that the respondent university could not conduct the examinations twice in a year for various reasons, and the academic year of the students was extended beyond the 12-month period. Because the respondent university extended the academic year beyond 12 months and did not conduct the examinations, the petitioners lost the opportunity to appear and complete the BDS course within the permitted 8-year window.
All the petitioners except the writ petitioner in WP 8473 of 2026 ought to have completed their BDS course by September 2026. These petitioners are short by 1 month for appearing in the ensuing supplementary examinations scheduled to be conducted in October 2026.
The petitioners could not have had a point for consideration had the respondent university conducted the examinations strictly in accordance with the academic schedule, and on account of the extension of the academic year beyond the 12-month period, the petitioners have lost the opportunity of appearing in the examinations for completing the BBS course within the 8-year window. As such, this Court is inclined to permit the petitioners, as a one-time measure, to appear for the ensuing supplementary examination schedule to be conducted in October 2026. Accordingly, the respondents shall be directed to permit the petitioners to appear for the supplementary examinations as a one-time measure to enable them to complete their course.
Insofar as the petitioner in WP 8473 of 2026 is concerned, this Court, vide order dated 26.03.2026, directed the respondents to permit the petitioner to write the examination scheduled from 28.03.2026. However, directed the respondents to keep the results in abeyance. By further orders dated 25.08.2026, this Court considered the petitioner's submissions regarding directed the respondents to declare the results.
Insofar as the petitioner in WP.No.8473 of 2026 is concerned, by the date of granting of interim orders on 26.03.2026, the respondent university had already conducted one examination. The petitioner appeared for the remaining examinations. The learned counsel appearing for the petitioner in WP.No.8473 of 2026 prays for this Court's indulgence in permitting the petitioner to appear for the single exam paper, which the petitioner could not appear for as the exam had already been conducted by the date this Court passed the interim orders.
The learned standing counsel appearing for the respondent university submits that insofar as the case of the petitioner in WP.No.8473 of 2026 is concerned, the petitioner is now in the 10th year of the study and that she does not qualify for appearing in the supplementary examinations scheduled to be conducted in the month of October 2026.
The respondent University was aware of the interim orders dated 26.03.2026 and subsequent orders dated 25.08.2026 and has duly complied with those orders, having permitted the petitioner to appear for the examinations in the month of March 2026. It is also not in dispute that by the date of passing of the interim order on 26.03.2026 the respondent university had already conducted one examination which the petitioner could not attend. On these peculiar facts and circumstances, this Court is of the view that the ends of justice would be met by permitting the petitioner in WP.No.8473 of 2026 to appear for the examination, which she could not appear in the month of March 2026.
On these considerations, the respondents are hereby directed to permit the petitioner in WP.No.8473 of 2026 to appear for the Single exam paper that the petitioner missed in March, 2026. This shall not be used as a precedent for any other case, and this arrangement is passed only in the said petition, keeping in mind the circumstances and the facts of the case.
With the above observations, the writ petitions are allowed. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.