IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 21147 of 2008(S) -------------------------- PETITIONERS: --------------- 1. KERALA HEALTH SERVICES DENTAL SURGEON'S ASSOCIATION, KALLIKULANGARA, PUZHAVATHU, CHANGANACHERRY, REP. BY ITS SECRETARY, DR.KRISHNAKUMAR. 2. DR.V.AJIKUMAR, POLY DENTAL CLINIC., NORTH RAILWAY STATION ROAD, COCHIN-18. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENTS: ----------------- 1. DENTAL COUNCIL OF INDIA, ALWAN, E.GALLB MARG, KOTLA ROAD, NEW DELHI-110002, REP. BY ITS SECRETARY 2. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI. 3. STATE OF KERALA, REP. BY ITS SECRETARFY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDL. 4. DR. JOSEPLH ISSACC, S/O.ISSACC, AGED 50 YEARS, DIRECTOR, ACADAMICS, PUSHPAGIRI COLLEGE OF DENTAL SCIENCE, THIRUVALLA. ADDL. 5. DR.OOMMEN AJU JACOB, PRINCIPAL, PUSHPAGIRI COLLEGE OF DENTAL SCIENCE, THIRUVALLA. ADDL. 6. DR.J.M. JAYARAJ, PRINCIPAL, RAMAKRISHNA DENTAL COLLEGE & HOSPITAL, SNR COLLEGE ROAD, COIMBATORE. WPC : 21147 OF 2008 ADDL. 7. DR. B.H. SRIPATHI RAO, YENEPOYA DENTAL COLLEGE, DERALAKETTA, MANGALORE - 575 018. (ADDL.R4 TO R7 ARE IMPLEADED AS PER ORDER DATED 6.8.08 IN IA NO.9994/08). ADDL. 8. DR. P.J. PRADEEP KUMAR, S/O. LATE K. JANARDHANAN, PADINJARE ALAYIL, POOZHIKKADU, KUDASANADU P.O., PANDALAM, PATHANAMTHITTA DISTRICT(EXECUTIVE COMMITTEE MEMBER OF THE INDIAN DENTAL ASSOCIATION, KERALA STATE BRANCH). ADDL. 9. THE INDIAN DENTAL ASSOCIATION KERALA STATE BRANCH, REPRESENTED BY ITS SECRETARY, POLY DENTAL CLINIC, KANCHAS BUILDING, CALICUT, KERALA. (ADDL.R8 & R9 ARE IMPLEADED AS PER ORDER DTD.14.08.08 IN IA NO.10600/08) ADDL. 10. THE KERALA GOVT. DENTAL COLLEGE TEACHERS ASSOCIATION, REGN. NO.298/2003, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY, DR.N. JAYAKUMAR. (ADDL.R10 IS IMPLEADED AS PER ORDER DTD.14.08.08 IN IA NO.10626/08) ADDL. 11. STUDENTS UNION, GOVT. DENTAL COLLEGE, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY, SHINO DAVIS. ADDL. 12. VINU VARGHESE, CHAIRMAN, STUDENT UNION GOVT. DENTAL COLLEGE, THIRUVANANTHAPURAM. (ADDL.R11 & R12 ARE IMPLEADED AS PER ORDER DTD.14.08.08 IN IA NO.10672/08). R1 BY SRI.K.RADHAKRISHNAN, SENIOR ADVOCATE SRI.SAJEEV KUMAR K.GOPAL R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GNERAL SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL R3 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. ADDL.R4 TO R7 BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI ADDL.R10 BY ADV. SRI.C.RAJENDRAN ADDL.R8,R9,R11,R12 BY ADV. SRI.ANCHAL C.VIJAYAN SMT.MINI.S.DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 21147 OF 2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF GO(MS) No.275/07/H7FWD DATED 10.08.07. EXT.P2 : TRUE COPY OF THE BDS COURSE REGULATIONS ISSUED BY THE 1ST RESPONDENT IN THE YEAR 1983. EXT.P3 : TRUE COPY OF THE ROTATING INTERNSHIP CERTIFICATE ISSUED BY THE MEDICAL COLLEGE, THIRUVANANTHAPURAM DATED 25.10.1989. EXT.P4 : TRUE COPY OF THE RELEVANT PAGES OF THE AMENDMENT OF BDS COURSE REGULATIONS PUBLISHED AS PER NOTIFICATION NO.DE-22-2007 DATED 25.07.07. EXT.P5 : TRUE COPY OF THE RELEVANT PAGES OF THE MDS COURSE REGULATIONS 2007. EXT.P6 : TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE HINDU DAILY DATED 27.04.08. EXT.P7 : TRUE COPY OF THE MEMORANDUM SUBMITTED BEFORE THE 1ST RESPONDENT DATED 25.04.08. EXT.P8 : TRUE COPY OF THE REPLY GIVEN BY THE MINISTER FOR HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA DATED 25.03.08. EXT.P9 : TRUE COPY OF THE REPRESENTATION BY THE 1ST PETITIONER DATED 05.04.08. EXT.P10 : TRUE COPY OF THE REPLY BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 02.05.08. EXT.P11 : TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE WEEK DATED 25.05.08. EXT.P12 : TRUE COPY OF THE JUDGMENT IN WPC : 16303/2008 OF THIS HON'BLE COURT. EXT.P13 : TRUE COPY OF THE LETTER DATED 01.11.07 ISSUED BY THE 1ST RESPONDENT. EXT.P14 : TRUE COPY OF THE NEWS ITEM APPEARED IN THE INDIAN EXPRESS DATED 28.06.08. EXT.P15 : TRUE OCPY OF THE INTERNSHIP PROGRAMME ISSUED BY THE 1ST RESPONDENT IN 1992. EXT.P16 : TRUE COPY OF THE DETAILS OF COMPULSORY ROTATORY INTERNSHIP INCLUDED IN THE WIKIPEDIA, THE FREE ENCHYCHOLOPEDIA. EXT.P17 : TRUE COPY OF THE GO(MS) NO.462/2008/H&FWD DATED 18.08.08 ISSUED BY THE 3RD RESPONDENT. WPC : 21147 OF 2008 RESPONDENTS' EXHIBITS: EXT.R1(A) : TRUE COPY OF THE LETTER DT.11.10.06. EXT.R1(B) : TRUE COPY OF THE LETTER DT.19.02.07. EXT.R1(C) : TRUE COPY OF THE LETTER DT.25.07.07. EXT.R1(D) : TRUE COPY OF THE LETTER DT.28.09.07. EXT.R1(E) : TRUE COPY OF THE LETTER DT.01.11.07. EXT.R1(F) : TRUE COPY OF THE LETTER DT.27.12.06. EXT.R1(G) : TRUE COPY OF THE ATTENDANCE SHEET OF THE WORK SHOP HELD ON 17.01.07. EXT.R8(A) : TRUE COPY OF THE BDS COURSE REGULATION FRAMED BY THE 1ST RESPONDENT DATED 27.06.1983. EXT.R8(B) : TRUE COPY OF THE BDS INTERNSHIP PROGRAMMED ISSUED BY THE 1ST RESPONDENT IN 1992. EXT.R8(C) : TRUE COPY OF THE DETAILS OF COMPULSORY ROTATORY INTERNSHIP INCLUDED IN THE WIKIPEDIA, THE FREE ENCHYCHOLOPEDIA. EXT.R8(D) : TRUE COPY OF THE RELEVANT PORTION OF THE REVISED BDS COURSE REGULATION PUBLISHED BY THE 1ST RESPONDENT DATED 25.07.07. EXT.R8(E) : TRUE COPY OF GO(MS) NO.462/2008/H&FWD DT.18.08.08 ISSUED BY THE 3RD RESPONDENT. EXT.R8(F) : TRUE COPY OF THE RELEVANT PAGES OF REVISED MDS COURSE REGULATION 2007 ISSUED BY THE 1ST RESPONDENT. EXT.R8(G) : TRUE COPY OF THE REPLY ISSUED BY THE 1ST RESPONDENT TO THE REPRESENTATION. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C). No. 21147 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009 JUDGMENT S.R. Bannurmath, C.J. Challenging Ext.P4 under which it is alleged of taking away Compulsory Rotating Resident Internship from the curriculum of Bachelor of Dental Surgery(B.D.S), the present writ petition is filed. 2. After issuance of notice, the 3rd respondent, Joint Director of Medical Education represented by the Secretary, Department of Health and Family Welfare has filed an affidavit, of which paragraphs 2 and 3 read as follows: “2. It is respectfully submitted that as per G.O.(MS) No.462/2008/H&FWD dated 18.08.2008 Government have ordered to implement six months Compulsory Rotating Resident Internship after completion of five years BDS course for all students graduated from Dental Colleges in Kerala Universities in Kerala. 3. It is submitted that as per the revised Dental Council of India Regulation 2007 the under graduate Dental Training Programme leading to BDS Degree shall be of 5 years with 240 teaching days in each Academic year. The duration of the BDS Course existed in the State was 4 years. But later the Dental Council of India has enhanced the WP(C) No. 21147 OF 2008 -:2:- course period of 5 years. Accordingly the duration of the BDS Course in the state is also increased to 5 years with effect from 10.09.2007 as insisted by the Dental Council of India. But as the admission has been closed by that period and as the new provision could not be included in the prospectus for admission to BDS Course 2007. Government have decided to enhance the Course period for 5 years from 2007 onwards and decided to implement the six months internship training from 2008 admission onwards. The Dental Council of India has also informed the State that they have no objection on the decision of the Government to introduce internship for the period of 6 months from BDS Course in addition to the 5 years Course period insisted by them.” 3. Learned Senior counsel for the writ petitioners submits that, in view of the decision taken by the Government, as most of the grievances of the writ petitioners have been satisfactorily met with, he does not intend to pursue the matter any further. The Writ Petition is disposed of as not pressed, recording the Statement filed by the 3rd respondent. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. Ttb/vgs