1 In The High Court of Uttarakhand At Nainital Writ Petition No. 941 of 2010(M/S) 1. Harpreeet Kaur D/O Sardar Jagmohan Singh, R/O WX-237 Basti Nau Jalandhar (Punjab). 2. Nividha D/O Shri Magan Chhabra, R/O WM-268 Basti Guzan, Bagh Ahluwalia, Jalandhar (Punjab). 3. Navdeep D/O S. Gurmukh Singh R/O 99 Jyoti Nagar, Jalandhar (Punjab). 4. Amreen D/O S.Amarjeet Singh R/O 79-B.M.S Lubana Nagar, P.O Model Town, Mithapur Road, Jalandhar (Punjab) 5. Harpreet Kaur D/O S. Gian Singh, R/O H. No. 69, Ward no.1, Chitra Road, Zeera, District Faridkot (Punjab) 6. Ravinder Kumar Bali S/O Shri Sanjay Kumar Bali, R/O Quarter no. 201 Rehari Colony Jammu-180005 7. Sarv Priya Sharma D/O Dr. Vinay Sharma, R/O Shri Ram Mission Hospital, Mission Raod, Pathankot (Punjab) 8. Rajesh Kumar S/O Shri Prem Chand R/O R.K. Dental Hospital, Kohara Road, Machhiwara, District Ludhiana (Punjab) All regular students of B.D.S, third year Course in Narayan Swami Hospital and Dental College, Dehradun. ………… Petitioners Versus 1. Dental Council of India Aiwan-a-Ghalib through its Secretary, Marg kotla Road, New Delhi. 2. State of Uttarakhand through Secretary, Medical Education Department, Government of Uttarakhand, Dehradun. 2 3. Hemwati Nandan Bahuguna Garhwal University Sri Nagar (Garhwal) through it s Registrar. 4. Union of India through Secretary, Ministry of Health and Family Welfare, (Department of Health DE Section), Nirman Bhawan, Maulana Azad Road, New Delhi 5. Narayan Swami Hospital and Dental College,10 Gandhi Road, Dehradun through its Principal. …………..Respondents …………..Respondents Shri Alok Mehra, Advocate present for the writ petitioners. Smt. Anjali Bhargava, Advocate present for respondent no.1 Dental Council of India and respondent no.4 Union of India. Shri S.N. Babulkar, Advocate General, present for respondent no.2 State of Uttarakhand. Shri J.P. Joshi, Advocate, present for respondent no.3, H.N.B.G. University. Shri A. Rab, Advocate, present for respondent no.5 Narayan Swami Hospital and Dental College. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. (2) By means of this writ petition, the writ petitioners who are students of Bachelor of Dental Surgery (B.D.S) course in Narayan Swami Hospital and Dental College, have sought following relief:- “ (i) issue a writ, order or direction in the nature of mandamus commanding 3 the respondent no.1 to devise a scheme, in the backdrop of ongoing dispute between the College (respondent no.5) and other authorities, to ensure that bonafide students of approved B.D.S course are not put to any loss or harassment, and further to ensure that studies of such students are not disrupted on account of non holding of B.D.S third year examination by H.N.B Garhwal University (respondent no.3). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to permit the petitioners to appear in B.D.S third year examination due to be held in the month of August/September 2010 and also to declare result of the petitioners in respect of B.D.S third year examination. (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1, 2, 3 & 4 to transfer and adjust the petitioners in other recognized dental colleges if the ongoing dispute 4 between the College and other authorities is not resolved amicably. (iv) Issue a writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioners to complete the B.D.S course and also to award B.D.S degree to the petitioners upon successful completion of the B.D.S. course. (v) Issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. (vi) Award the cost of the writ petition in favour of the petitioner.” (3) Learned counsel for the petitioners submitted that petitioners are not at fault as they were admitted in the respondent no.5 Institution in the year 2007-2008 when the Institute was a recognized Institute from the Dental Council of India, and as such they are entitled to the above relief. (4) Shri J.P. Joshi, learned counsel for the University gave a statement before this court that the University has no objection in holding the examination of the 5 students provided they appear through some recognized Institute. (5) Learned Advocate General submitted that the State Government is ready to consider the cases of the writ petitioners to accommodate them in some other recognized Institution. It is pointed out that already in this regard the State Government has issued order no. 695/XXVIII (1)/2010/37/2010 dated 25th of June 2010. (6) Smt Anjali Bhargava, learned counsel for the Dental Council of India submitted that though the Institution (respondent no.5) was a recognized Institution but vide letter no DE/3(273)-2010/1718 dated 15th of June 2010, the Dental Council of India has decided not to continue recognization of the respondent no.5 Institution with effect from Session 2010-2011. (7) However, Shri A.Rab, learned counsel for respondent no.5 Narayam Swami Hospital and Dental College submitted that the copy of the aforesaid letter dated 15th of June 2010, issued by the Dental Council of India, has yet not been served on the respondent no.5. It is also pointed out that copy of letter dated 25th of June 2010, which is said to have been issued by the Government of Uttarakhand, the same has also not been served on the respondent no.5. It is further 6 contended that rights of the respondent no.5 are yet to be determined in the writ petition no. 1341 of 2009 (M/S) filed by said respondent in which the decision of the Dental Council of India is under challenge on the ground of non compliance of section 16A and section 17 of the Dentists Act, 1948. (8) In the above circumstances, the prayer made in the writ petition is bonafied and innocuous, to which in substance, respondents have no objection. Therefore, keeping in mind that the writ petitioner’s (students) career is at stake, as examination of the University is likely to take place in the coming August/September 2010, this writ petition is disposed of with the following direction. The writ petitioners/students of B.D.S course shall be allowed to appear in the IIIrd year examination by the respondent no3 Hemwati Nandan Bahuguna Garhwal University, as at the time of their admission with respondents no.5 Narayan Swami Hospital and Dental College, said College was recognized by Dental Council of India. It is left open to the respondents to accommodate or allow them to appear through any recognize Institution. This writ petition is disposed of without observing anything as to 7 the validity of derecognition of the respondent no.5 Institution, which is subject matter in the writ petition No. 1341 of 2009 (M/S). (Prafulla C. Pant, J.) 12 7.2010 .0 NP