IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 7601 of 2009(U) ---------------------------------------- PETITIONER(S): -------------------------- ABIN VARGHESE, AGED 24 YEARS, S/O.DR.P.I.VARGHESE, PALAKKARA HOUSE, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADVS. MR.P.GOPINATH, MR.M.JITHESH MENON. RESPONDENT(S): --------------------------- 1. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT. 3. THE MAR BASELIOS DENTAL COLLEGE, REPRESENTED BY ITS PRINCIPAL, THANKALAM, P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT. 4. THE DENTAL COUNCIL OF INDIA, AIWAAN-E, GALIB MARG, KOTLA ROAD, TEMPLE LANE, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY. R1 & R2 BY ADV.MR. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009 ALONG WITH WPC NO. 8180 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7601/2009 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY REGULATIONS FRAMED BY THE 4TH RESPONDENT. P2: COPY OF THE REGULATION FOR THE DEGREE OF BACHELOR OF DENTAL SURGERY OF THE MAHATHMA GANDHI UNIVERSITY DTD. 10/05/2006. P3: COPY OF THE RECEIPT SHOWING REMITTANCE OF EXAMINATION FEE DTD. 24/02/2009. P4: COPY OF THE LETTER DTD. 02/03/2009 OF THE MAR BASELIOS DENTAL COLLEGE, KOTHAMANGALAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). Nos. 7601 & 8180 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 20th day of August 2009. JUDGMENT Common issues have arisen for consideration in these writ petitions. Therefore, they have been heard and are disposed of by a common judgment. I will refer to the pleadings in writ petition No.8180/2009 since the University has filed a counter affidavit in this case. I will also refer to the statement submitted by the Standing Counsel for the 4th respondent, the Dental Council of India in writ petition No. 7601/2009. 2. Petitioner is a final year student of B.D.S. in the third respondent college, which is affiliated to the first respondent University. The maintenance of standards of dental education including the prescription of the curriculum and the standards of examination are comprehended by statutory regulations framed by the Dental Council of India under the Dentists' Act. The said regulations called the DCI Regulation 2007 set out the scheme of examinations, among other things. 3. The scheme of examinations for B.D.S. Course is stipulated in Ext.P1. The relevant portion of Ext.P1 reads as follows. W.P.(C). Nos. 7601 & 8180 OF 2009 2 “ The scheme of examination for the B.D.S. course shall be divided into 4 professional examinations, namely, 1st B.D.S. examination at the end of 1st academic year, IInd at the end of 2nd academic year, IIIrd at the end of 3rd academic year and IV & Final BDS examination at the end of 4th academic year. Where semester system exists, there shall be 2 examinations in each year, designated as Parts I & II of the respective examinations”. 4. It is provided in Ext.P1 regulations that the scheme of examination for the B.D.S. Course shall be divided into 4 provisional examinations. Namely, first B.D.S. examination at the end of 1st academic year, second at the end of 2nd academic year, third at the end of 3rd academic year and fourth and final B.D.S. examination at the end of the 4th academic year. 5. The respondent University have also framed regulations in relation to B.D.S. Course. The relevant portion of Ext.P2 regulations reads as follows:- “ 3. For the 1st and IIIrd B.D.S. Examination, carry over system is present. Those who successfully complete part I Examination of final B.D.S. can attend part II course. Only after passing part II examination, they are permitted to do the compulsory rotating internship. On successful completion of internship, the student will be awarded the degree “. W.P.(C). Nos. 7601 & 8180 OF 2009 3 6. It is the aforementioned that forms the subject matter of controversy. The final year B.D.S. examination is divided into two parts in Ext.P2. The University Regulations stipulates that only those who successfully complete part I examination of final B.D.S. can attend part II course and they are permitted to do compulsory rotatary internship only after passing part II of the final year B.D.S. examination. It is in the wake of this that the petitioner has approached this Court inter alia seeking a declaration that the relevant Clause in Ext.P2 Regulations, in so far as it is inconsistent with the regulations framed by the Dental Council, is illegal. 7. A counter affidavit has been filed by the University wherein it is contended that though the Regulations of the DCI do not provide for part I and part II examinations for the final year, except the final examination, all the other examinations have only 3 or 4 subjects. But there are seven subjects in the final year. The Academic Council of the University found that it will be difficult for the students to study all the seven subjects in one calendar year. Therefore, the University decided to spread the 4th academic year of the course over 1½ calendar years. W.P.(C). Nos. 7601 & 8180 OF 2009 4 Accordingly, the final year examinations were divided into parts I and II. This is not inconsistent with the spirit of the DCI Regulations, according to the University. 8. I heard Mr. P. Gopinath Menon and Mr. M.Jithesh Menon for the petitioners and Mr. T.A.Shaji for the University and Miss. Ambika Radhakrishnan for the 4th respondent Dental Council of India. 9. I take note of the statement filed on behalf of the 4th respondent in which it is asserted that the DCI Regulations had not envisaged splitting the final B.D.S. examination into two parts as has been done by the University. It may be noted that the petitioner in W.P.(C).No.7601/2009 had not cleared the paper Pedodontics which is one of the subjects in part 1 of the final year. His application for attending the part II examinations was rejected by the Controller of Examinations on the ground that he had not cleared all the papers in part I of the final year. He had attended part II of the final examinations on the strength of the interim orders passed by this Court. Similar is the case, of the petitioner in W.P.(C).No.8081/2009 as well. W.P.(C). Nos. 7601 & 8180 OF 2009 5 10. The point which arises for consideration is whether the University can split the final year B.D.S. examinations into 2 parts and then stipulate that only those students who successfully clear the papers in part I are entitled to participate in part II examinations. I find force in the submission made by the Counsel for the petitioners that this stipulation in the University Regulations is inconsistent with the DCI Regulations. The DCI Regulations contemplate only one examination for final year. The said regulation does not contemplate division of the final year examination into 2 parts of 3 and 4 subjects each. Even if it is assumed that the final year examination was split into 2 for the sake of convenience, there is no warrant for endorsing the stipulation that participation in the examinations for some of the subjects of the final year itself would be dependent on clearing certain other subjects in the final year itself. To do so, would be to bring about a contingency that is clearly not contemplated by the DCI Regulations. 11. DCI Regulations prescribes only one factor of eligibility for participating in final year BDS examinations, taken as a whole. That is, clearing all the subjects in the 3rd year. It does W.P.(C). Nos. 7601 & 8180 OF 2009 6 not contemplate a further condition of eligibility to be satisfied for some of the examinations in the final year. 12. In the result, I am of the view that the petitioners are entitled to succeed. That portion of Ext.P2 Regulations which provides that a BDS student can participate in part II of the final BDS examination only if he successfully clears all the papers in part I of the final year is inconsistent with the DCI Regulations 1983 and are therefore not enforcible to the said extent. The petitioners have already participated in the final year examinations on the strength of the order passed by this Court. Such participation shall be treated as regular and proper. The University shall take steps to declare their results and if they have cleared all the papers in the final year examination, taken as a whole, then they should be permitted to commence their internship. Writ petitions are disposed of as above. (V.GIRI) JUDGE kkms/