Reportable

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 172 OF 2010

SOHAM MAYANKKUMAR VYAS & ORS.                  Petitioners

                VERSUS

UNION OF INDIA & ORS.                          Respondents

WITH

W.P(C) NO. 202 of 2010

MAURAS COLLEGE OF DENTISTRY,  HOSPITAL & ORAL RESEARCH INSTITUTE & ANR.   Petitioners

     VERSUS

UNION OF INDIA & ORS.   Respondents

O R D E R

R.V. RAVEENDRAN J.

Counter  of  first  respondent-Union  of  India  filed  in  

court. Heard.

2. The  petitioners  in  W.P.  [C]  No.172  of  2010  are  the  

students admitted in the year 2006-07 to BDS course conducted  

by  the  “Mauras  College  of  Dentistry,  Hospital  and  Oral  

Research Institute” situated at Mauritius (for short “Mauras

College”). The said Mauras College is the first petitioner and  

one of its students admitted to BDS course in 2005-06 is the  

second  petitioner  in  W.P.(C)No.202/2010.  Mauras  College  is  

affiliated to Bhavnagar University, Gujarat (for short ‘the  

University’).

3. The brief facts leading to these writ petitions are as  

under:  

3.1) Mauras  College  sought  affiliation  with  Bhavnagar  

University. The Government of Gujarat and the Dental Council  

of  India  had  initially  some  reservation  about  a  college  

situated in a foreign country seeking affiliation with the  

Bhavnagar  University  in  India.  Subsequently,  however,  the  

Government of Gujarat granted a ‘No Objection Certificate’ on  

18.2.2003 for setting up the Mauras College affiliated to the  

said  University,  subject  to  prior  permission  from  Dental  

Council  of  India  and  Ministry  of  External  Affairs.  The  

Ministry of External Affairs, Government of India, granted the  

necessary clearance for setting up the college on 28.8.2003.  

3.2) The representatives of the Dental Council of India and  

the  Bhavnagar  University  visited  the  Mauras  College  at  

Mauritius and satisfied themselves that the College met with  

the  infrastructural  and  other  requirements  prescribed  by  

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Dental Council of India for grant of permission to establish  

the Dental College and for grant of affiliation. The Dental  

Council of India recommended to the Government of India, that  

Mauras  College  be  approved.  On  the  recommendation  of  the  

Academic Council and Executive Council of the University, the  

Government of Gujarat granted affiliation of Mauras College to  

the Bhavnagar University for the academic year 2004-05 and  

renewed the affiliation for 2004-05 and 2005-06.  

3.3) The Mauras College follows the syllabus and the method of  

teaching  prescribed  by  the  Bhavnagar  University  consistent  

with  the  guidelines  and  regulations  of  Dental  Council  of  

India. The examinations for the BDS course of Mauras College  

are  conducted  in  Mauritius,  by  the  examiners  from  the  

Bhavnagar University deputed from India, exactly at the same  

time  as  examinations  held  in  respect  of  the  other  Dental  

College/s in India affiliated to the University.  

3.4) The State of Gujarat issued a show cause notice dated  

7.1.2006 to the University as to why the affiliation granted  

to  the  Mauras  College  should  not  be  cancelled.  The  Mauras  

College filed a Writ Petition [W.P.(Civil) No.57 of 2006] in  

this court, praying for a direction that its affiliation to  

the Bhavnagar University shall not be cancelled by the State  

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of Gujarat. During the hearing of the said writ petition by  

this  court,  the  Union  of  India  and  Bhavnagar  University  

confirmed that the statutory inspections of Mauras College at  

Mauritius had already been conducted and the College was found  

to be running with requisite infrastructure and facilities,  

and  therefore  the  recognition  and  affiliation  could  be  

granted. In view of it, this Court allowed the writ petition  

by order dated 13.7.2009 and directed that the Mauras College  

shall  be  taken  as  affiliated  to  Bhavnagar  University.  In  

pursuance  of  it  the  State  of  Gujarat  and  the  University  

proceeded on the basis that the Mauras College was affiliated  

to the University.   

4. The Dentists Act, 1948 (‘Act’ for short) was enacted with  

the object of regulating the profession of dentistry and for  

that purpose to constitute the Dental Councils. The Act vests  

in  the  Central  Government,  the  power  to  recognize  dental  

qualifications. The Act also requires prior permission of the  

Central Government for establishing any new dental college.  

Section 2(j) defines ‘recognized dental qualification’ as any  

of the qualifications included in the Schedule to the Act.  

4.1) Section 10 of the Act deals with recognition of dental  

qualifications.  Sub-Section  (1)  provides  that  the  dental  

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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  the  

Dentists Act. Sub-section (2) of Section 10 of the Act relates  

to amendment of Part I of the Schedule and it is extracted  

below:

“(2)  Any authority or institution in India which grants a  dental qualification not included in Part I of the Schedule  may apply to the Central Government to have such qualifica- tion recognised and included in that Part, and the Central  Government, after consulting the Council, and after such  inquiry, if any, as it may think fit for the purpose, may,  by notification in the Official Gazette, amend Part I of  the Schedule so as to include such qualification therein,  and any such notification may also direct that an entry  shall be made in Part I of Schedule against such dental  qualification declaring that it shall be a recognised den- tal  qualification  only  when  granted  after  a  specified  date”.  

4.2) Sub-Section (3) of Section 10 of the Act provides that  

the  dental  qualifications,  granted  by  any  authority  or  

institution outside India, which are included in Part II of  

the Schedule shall be recognised dental qualifications only  

for the purposes of the registration of citizens of India when  

the register is first prepared under Dentists Act. Sub-section  

(4)  of  section  10  provides  that  the  dental  qualifications  

granted by any authority or institution outside India, which  

are included in Part III of the Schedule shall be recognised  

dental qualifications for the purposes of the Dentists Act,  

but  no  person  possessing  any  such  qualification,  shall  be  

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entitled for registration unless he is a citizen of India.  

Sub-section (5) of Section 10 authorizes the Dental Council to  

enter into schemes of reciprocity for recognition of dental  

qualifications  awarded  by  authorities/institutions  in  other  

countries and declaration thereof by the Central Government as  

recognized dental qualifications.

4.3) Section 10A deals with permission for establishment of  

new  dental  college,  new  courses  of  study  etc.  Section  10B  

relates to non-recognition of dental qualifications in certain  

cases and Sub-Section (1) thereof is extracted below:

“10B(1) Where any authority or institution is established  for grant of recognized dental qualification except with  the  previous  permission  of  the  Central  Government  in  accordance with the provisions of section 10A, no dental  qualification granted to any student of such authority or  institution shall be a recognized dental qualification for  the purposes of this Act.”  

4.4) Section 31 of the Act requires the State Government to  

prepare a Register of dentists for the State. Sub-section (3)  

of Section 31 provides that the Register of Dentists shall be  

maintained in two parts A and B, persons possessing recognized  

dental qualifications being registered in Part A and persons  

not possessing such qualifications being registered in Part B.

4.5) Section 33 of the Act prescribes a ‘recognized dental  

qualification’ as the qualification for entering a person’s  

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name  entered  in  the  Register  when  it  was  first  prepared.  

Section  34  of  the  Act  prescribes  the  qualification  for  

subsequent registration. Section 34(1) of the Act relevant for  

our purpose is extracted below:  

“34.  Qualification for subsequent registration. (1) After  the date appointed under sub-section (2) of section 32 a  person shall, on payment of the prescribed fee, be entitled  to have his name entered on the register of dentists, if he  resides or carries on the profession of dentistry in the  State and if he-

(i) holds a recognised dental qualification, or

(ii)  does  not  hold  such  a  qualification  but,  being  a [citizen  of  India],  has  been  engaged  in  practice  as  a  dentist as his principal means of livelihood for a period  of not less than two years before the date appointed under  sub-section  (2)  of  section  32  and  has  passed,  within  a  period of [ten years after the said date], an examination  recognised  for  this  purpose  by  the  Central Government:

Provided  that  no  person  other  than  a  citizen  of  India shall  be  entitled  to  registration  by  virtue  of  a  qualification:

(a) specified in Part I of the Schedule unless by the law  and practice of the State or country to which such person  belongs  persons  of  Indian  origin  holding  dental  qualifications  registrable  in  that  State  or  country  are  permitted to enter and practice the profession of dentistry  in such State or country, or

(b)  recognised in  pursuance  of  a scheme  of reciprocity,  under sub-section (5) of section 10:

Provided further that a person registered in Part B of the  register  shall  be  entitled  to  be  registered  in  Part  A  thereof, if within a period of ten years after the date of  his  registration  in  Part  B  he  passes  an  examination  recognised for the purpose by the Central Government.

5. The  government  of  India  issued  a  notification  

(S.O.No.73/2004 Gazetted on 8.1.2004) in exercise of its power  

under Section 10(1) and (2) of the Act and added the following  

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as Sl.No.62 in Part I of the Schedule to the Act:  

Authority or  Institution

Recognised dental qualification Abbreviation  for  

registration 62.  Bhavnagar  University,  Bhavnagar,

1. Manubhai Patel Dental College  & Hospital, Vadodara, Gujarat

(i)  Bachelor of Dental Surgery  (when  granted  on  or  after  3.7.2004)

BDS,  (Bhavnagar)

The Government of India by another notification dated 6.3.2009  

(Gazetted on 21.3.2009) issued in exercise of its power under  

Section 10(4)(b) of the Act added the following as Sl.No.96 in  

Part III of the Schedule to the Act:

Authority or  Institution

Recognised dental qualification Abbreviation  for  

registration 96.  Bhavnagar  University,  Bhavnagar, Gujarat  

Mauras  College  of  Dentistry,  Mauritius

(i)  Bachelor of Dental Surgery  (If granted to Indian students  of the first and second batches,  i.e.,  the  Indian  students  who  were  admitted  during  the  academic  sessions  2003-04  and  2004-05 respectively only).

BDS,  Bhavnagarar  University,  Bhavnagar

6.   The Dental Council of India framed the “Dental Council  

of India Screening Test Regulations 2009” (‘Regulations’ for  

short) in exercise of power conferred by section 20 read with  

section  10(4)/(5)  of  the  Act,  providing  for  conduct  of  a  

screening test to determine the eligibility of candidates for  

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registration  with  any  State  Dental  Council  or  any  other  

purpose.  The said Regulations are applicable only to those  

Indian citizens possessing a primary dental qualification/PG  

Diploma/Post  Graduate  Dental  qualification,  awarded  by  any  

dental institution outside India, who are desirous of getting  

registration with any State Dental Council or of any other  

purpose as specified by the Dental Council of India from time  

to time; and on or after the date of publication of the said  

Regulations  in  the  official  gazette,  they  shall  have  to  

qualify  in  a  screening  test  conducted  by  the  prescribed  

authority for that purpose, as per the provisions of section  

10(4) or 10(5) of the Act, as the case may be. The first  

proviso to Regulation (4) provide that all Indian Students who  

have passed and possessed a dental qualification/degree, which  

has not been recognized or who have taken admission abroad on  

or before the date of publication of the Regulations, shall  

also be eligible to appear in the screening test.  

7. The  Government  of  India  (Ministry  of  Health  &  Family  

Welfare, Dental Education Section) required the students of  

Mauras  College  who  had  secured  BDS  degrees  from  Bhavnagar  

University to appear for the screening test as per the DCI  

Screening  Test  Regulations,  2009,  for  recognition  of  their  

degrees  in  India  (vide  letter  dated  16.2.2010  and  other  

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similar letters addressed to the students of Mauras College).

8. The petitioners in these two writ petitions have sought  

(i)  quashing  the  notification  dated  6.3.2009  adding  Entry  

No.96  in  Part  III  of  the  Schedule  to  the  Act;  (ii)  a  

declaration that the communications of the Government of India  

requiring the students of the Mauras College to appear in the  

screening test is illegal and contrary to Article 14 of the  

Constitution  of  India  and  that  the  DCI  Screening  Test  

Regulations, 2009 are inapplicable to students who have been  

conferred  BDS  degree  by  Bhavnagar  University;  (iii)  a  

declaration  that  the  BDS  degree  granted  by  the  Bhavnagar  

University to the students of  Mauras College, Mauritius shall  

not be considered as a degree granted by a foreign University  

but shall be considered as a BDS Degree granted by Bhavnagar  

University in India; and (iv) a declaration that there is no  

difference between students who were admitted in 2003-04 and  

2004-05,  and  those  who  were  admitted  thereafter  with  a  

mandamus  to  Government  of  India  to  recognize  the  degree  

granted  by  Bhavnagar  University  to  the  students  of  Mauras  

College during 2005-06 and thereafter, for the purposes of the  

Act.  

9. The respondents have resisted the petitions by contending  

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that  the  dental  qualifications  possessed  by  the  Indian  

students  of  Mauras  College,  Mauritius  are  ‘foreign  dental  

qualifications obtained by citizens of India’ and they are  

therefore required to undergo a screening test as provided by  

the DCI Screening Test Regulations, 2009.  

10. On the contentions raised by the writ petitioners (Mauras  

College and its students), following two questions arise for  

our consideration:

(i) Whether  the  notification  dated  6.3.2009  issued  under  

Section  10(4)(b)  of  the  Act  entering  the  Maruas  College,  

Mauritius and its BDS degree, at Sl.No.96 in the III Schedule  

to the Act is valid?

(ii)  Whether the BDS graduates from Mauras College affiliated  

to Bhavnagar University, Gujarat have to take the screening  

test  under  the  DCI  Screening  Regulations,  2009,  for  

recognition of their BDS degrees in India?  

Re : Question (i)

11.  Though Mauras College is situated outside India, the BDS  

students of the Mauras College who successfully complete the  

course  of  study  and  pass  the  examination  conducted  by  the  

Bhavnagar University possess the dental qualifications awarded  

by an authority in India (namely Bhavnagar University). They  

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do  not  possess  any  dental  qualification  awarded  by  an  

authority or institution outside India. The notification dated  

6.3.2009  which  places  Mauras  College  in  Part  III  of  the  

Schedule to the Act proceeds on the basis that BDS degrees  

granted  by  Bhavnagar  University  to  the  students  who  have  

undergone the course of study at Mauras College, Mauritius,  

are dental qualifications granted by an institution/authority  

outside India, even though the degree (dental qualification)  

is granted by a University in India. The notification further  

restricts the recognition only to the BDS degrees of the batch  

of Indian students admitted to academic sessions 2003-04 and  

2004-05 in Mauras College but not the degrees granted during  

subsequent batches.

12. Section 10(4) of the Act will apply only if the dental  

qualification  is  granted  by  an  authority  or  institution  

outside India, and as a consequence, such qualification will  

have to be listed under Part III of the Schedule to the Act.  

The  respondents  do  not  dispute  the  fact  that  the  BDS  

examinations for the students of Mauras College are held by  

Bhavnagar  University  and  the  degrees  are  also  granted  by  

Bhavnagar University and not by any authority or institution  

outside India. So long as the Mauras College is affiliated to  

Bhavnagar University and the said University is the examining  

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body and is the authority which grants the BDS degree dental  

qualification to the students of Mauras College, Section 10(4)  

and Part-III of the Schedule to the Act will not apply. As  

Bhavnagar University is not an authority outside India, the  

dental qualifications granted by it cannot be included in Part  

III of the Schedule to the Act even if the college/institution  

affiliated to the said University is outside India. Therefore  

the notification dated 6.3.2009 is illegal being contrary to  

and violative of section 10(1) and (4) of the Act and liable  

to be struck down.

Re : Question (ii)

13. A ‘recognized dental qualification’ could be either (i)  

a dental qualification granted on completion of a course of  

study  in  an  institution  (University  or  deemed  University)  

whose  dental  qualification  is  recognized  by  the  Central  

Government;  or  (ii)  a  dental  qualification  granted  by  an  

authority (whose dental qualifications are recognized by the  

Central Government) to those who undergo a course of study in  

an  affiliated  dental  college/institution,  which  was  

established  with  the  previous  permission  of  the  Central  

Government. Thus where the dental qualification is granted by  

an authority (that is, a University in India) to which several  

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dental colleges are affiliated, the term “recognized dental  

qualification” refers to the dental qualification granted by a  

University (whose dental qualifications are recognized by the  

Central  Government)  by  undergoing  a  course  of  study  in  an  

affiliated college or institution established with the prior  

permission of the Central Government.  

14. Recognized dental qualifications granted by  authorities  

or institutions in India are enumerated in Part I  of the  

Schedule  to  the  Act;  the  recognized  dental  qualifications  

granted by authorities or institutions outside India (only for  

the  purpose  of  registration  of  Indian  citizens  when  the  

Register is first prepared under the Act) are enumerated in  

Part II of the Schedule to the Act; and the recognised dental  

qualifications  granted  by  any  authorities or  institutions  

outside  India only  when  granted  to  citizens  of  India,  are  

enumerated in Part III of the Schedule. Having regard to the  

provision of sub-sections (1) and (4) of Section 10 of the  

Act, if a dental college is situated outside India but the  

authority which grants the dental qualification in regard to  

students  of  that  College  is  in  India,  recognition  of  the  

dental qualifications will be governed by Section 10(1) and  

will have to be enumerated in Part I of the Schedule. For this  

purpose, the dental qualifications granted by the Authority  

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should  be  recognized  by  the  Central  Government  and  the  

Institution/College  where  the  course  of  study  is  conducted  

should have the prior permission of the Central Government for  

offering  such  course  of  study.  Such  recognition  and  

permission,  when  granted  to  the  University  and  College  

respectively  results  in  the  University  (Authority)  and  the  

affiliated College (institutions) being included in Part-I of  

the Schedule to the Act.  

15. If the dental qualification is not being granted by any  

authority  or  institution  in  India,  then  the  dental  

qualification will not be recognized under section 10(1) or  

(2) of the Act and consequently will not be included under  

Part-I of the Schedule to the Act. If the dental qualification  

is granted by an authority or institution outside India is  

recognized under section 10(4) and is included in Part-III of  

the Schedule, a citizen of India possessing such qualification  

shall be entitled to registration under the Dentists Act.  

16. The  dental  qualification  granted  by  the  Bhavanagar  

University, that is, Bachelor of Dental Surgery - shown by the  

abbreviation “BDS (Bhavnagar)”, granted on or after 3.7.2004,  

in regard to its affiliated College - Manubhai Patel Dental  

College and Hospital, Vadodara, Gujarat is a recognized dental  

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qualification by virtue of the said University and College  

being shown at Sl.No.62 in Part I of the Schedule to the Act.  

The  dental  qualification  of  Bachelor  of  Dental  Surgery  

obtained by undergoing a course of study at Mauras College is  

not listed in Part I against Entry No.62 relating to Bhavnagar  

University. Though the recognition of the dental qualification  

by the Central Government is with reference to the University  

(Authority) which grants it, Part I of the Schedule makes it  

clear that in regard to dental qualification granted by an  

Indian  University,  the  affiliated  College/Institution  where  

the course of study is undergone should have prior permission  

of the Central Government.

17. Though  the  learned  counsel  for  Union  of  India  had  

submitted during the hearing of WP(C) No.57/2006 before this  

Court  that  Mauras  College  was  having  the  requisite  

infrastructure and recognition may be given, the final order  

of this Court dated 13.7.2009 contained only a direction in  

regard to affiliation to Bhavnagar University. There was no  

direction  to  Central  Government  to  recognize  the  Mauras  

College or treat it as having the ‘prior permission’ of the  

Central Government. As BDS degrees granted by the Bhavnagar  

University is recognized only with reference to a College in  

Gujarat and as Mauras College has not been included in the  

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Second Column of Entry 62 in Part I of the Schedule to the  

Act, Mauras College will have to take steps to get its name  

entered in Entry 62 of Part I, as an institution affiliated to  

Bhavnagar University for getting the benefit of ‘recognized  

dental qualification.’

18. The learned Additional Solicitor General appearing for  

the respondents submitted that the dental students have to  

undergo a specialized technical course; and that could be done  

only  if  proper  infrastructure  and  equipment  facilities  are  

available in the college and the hospital attached to it, and  

the teaching faculty are competent and qualified, so that the  

dental graduates coming out of the college will be well-versed  

in dental sciences and will be in a position to treat the  

citizens in a safe and appropriate manner. He pointed out that  

to  prevent  half-baked  dentists  treating  dental  patients,  

provisions have been made in the Dentists Act for recognizing  

dental  qualifications  and  for  holding  screening  tests  for  

Indian citizens holding primary dental qualifications awarded  

by dental institutions outside India. He submitted that as the  

Mauras  College  is  situated  outside  India  in  Mauritius  and  

there is no way of Dental Council and the Central Government  

ensuring  that  they  possess  and  continue  to  possess  the  

requisite  infrastructure,  equipment  and  faculty,  it  is  

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necessary that the students of such a dental college will have  

to undergo the screening tests. There is no doubt that the  

doctors and dentists who are permitted to practice in India  

should undergo appropriate courses of study so that they can  

efficiently and effectively treat the patients. But the issue  

before  us  is  about  the  status  of  a  dental  qualification  

granted by a University in India in pursuance of a course of  

study undergone in an affiliated college outside India.  

19. In view of the above, these writ petitions are allowed in  

part as follows:

(i)  It  is  declared  that  the  notification  dated  6.3.2009  

issued  by  the  Government  of  India,  placing  the  BDS  dental  

qualifications granted by the Bhavnagar University in regard  

to  the  students  of  the   Mauras  College  of  Dentistry  at  

Mauritius, at Entry No.96 of  Part III of the Schedule to the  

Act, is illegal and violative of sections 10(1) and (4) of the  

Act and is hereby quashed.

(ii) It  is  declared  that  dental  qualification  (BDS  degree)  

granted by Bhavnagar University for the students of Mauras  

College of Dentistry shall not be considered to be a degree  

granted by a foreign authority or institution.  

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(iii) It is declared that BDS degrees granted by the Bhavnagar  

University to the students of  Mauras College of Dentistry at  

Mauritius  shall  be  treated  as  a  recognized  dental  

qualification granted by an authority in India governed by  

section  10(1)  of  the  Act,  if  Mauras  College,  Mauritius  is  

added by the Central Government as an affiliated institution  

under Column (2) of Entry 62 in Part I of the Schedule to the  

Act. In such an event, the holders of such degree will be  

entitled to all benefits and advantages as persons holding  

recognized dental qualifications under section 10(1) of the  

Act and need not undergo the screening test under the DCI  

Screening Test Regulations 2009.

(iv) The  Central  Government  is  directed  to  consider  any  

request  that  may  be  made  by  Mauras  College  of  Dentistry,  

Mauritius for inclusion of its name in Column (2) of Entry 62  

of Part I of the Schedule, in accordance with law.

(v)   Unless  and  until  Mauras  College  is  included  as  an  

affiliated institution in Column (2) of Entry 62 in Part-I of  

the Schedule to the Act, the Indian students of Mauras College  

of Mauritius will have to undergo a screening test as per the  

first  proviso  to  Regulation  (4)  of  DCI  Screening  Test  

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Regulations 2009.

.....................J.      ( R.V. RAVEENDRAN )

.....................J.              ( H.L. GOKHALE )  

NEW DELHI, SEPTEMBER 28, 2010.

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