Dearth Of Super Specialty Doctors In Field Of Dental Science: SC Directs Regularization Of Admission Of Students Who Already Completed MDS Course

The appeal before the Apex Court had been filed by the appellants who had completed their Bachelor of Dental Surgery (BDS) course from the States of Karnataka, Gujarat and Maharashtra.

The Division Bench comprising Justice B.R. Gavai & Justice K.V. Viswanathan asserted, “No doubt that the principle of negative equality would not be applicable while considering the grant of relief under Article 226 of the Constitution of India. However, the fact remains that similarly circumstanced students, who have passed their BDS Course from the State of Madhya Pradesh have got their Post Graduate Degrees (MDS Course).”

Senior Advocate Kapil Sibal appeared for the appellants and Senior Advocate Saurabh Mishra appeared for the State of Madhya Pradesh.

The facts of the case suggested that they took admission for Master of Dental Surgery (MDS) in the dental colleges situated in the State of Madhya Pradesh. However, their admissions were cancelled by the Regulatory Authority on the ground that they had not participated in the counselling process and for being in violation of the order passed by this Court in 2016. The order of the Regulatory Authority cancelling admission of the appellants was affirmed by the Appellate Authority. Being aggrieved thereby the appellants had approached the High Court. An interim order was granted by virtue of which the appellants completed their MDS Course from 2016 to 2019. After the appellants completed their MDS course, the writ petition was dismissed by the Division Bench of the High Court, upholding the order of the Regulatory Authority as well as the Appellate Authority.

The Respondents opposed the appeal on the ground that that the admission of the appellants was in violation of the order of this Court as well as on account of them not getting admission from the process of counselling and as such they were backdoor entrants.

The Bench at the outset observed, “In the ordinary circumstances, we would not have interfered with the impugned order. However, the fact remains that the admission of the similarly situated students who have completed their BDS from the same State and the same college has not been disturbed on the ground that they had completed their BDS from the State of Madhya Pradesh.”

The Apex Court also found that the approach adopted by the Regulatory Authority which was confirmed by the Appellate Authority and the High Court to the effect that since the number of illegalities in cases of the appellants were higher than the number of illegalities in the case of the students who have passed their BDS from the State of Madhya Pradesh, the appellants admission would not be regularized, was not a correct approach. It was also noticed that the appellants completed the MDS course and they successfully cleared the examination.

“It is commonly known that there is a dearth of super specialty doctors even in the field of dental science. If the admission of the appellants is not regularized the education undertaken by them would go in waste”, the Bench remarked.

Thus, allowing the appeal, the Bench quashed and set aside the impugned order passed by the High Court as well as the orders passed by the Regulatory Authority and the Appellate Authority.

The Bench concluded the matter by further clarifying, “The admission of the appellants is directed to be regularized and the respondent(s)/Authorities are directed to issue necessary degree(s) to the appellants.”

Cause Title: Irfan Akbani & Ors. Petitioner Versus the State of Madhya Pradesh & Ors. [Neutral Citation: 2024 INSC 981]

Appearance:

Appellant: Senior Advocate Kapil Sibbal, AOR Mandeep Kalra, Advocates Anushna Satapathy, Radhika Jalan, Yashas J, Widaphi Lyngdoh

Respondent: Senior Advocates Saurabh Mishra, Gaurav Sharma, AOR Sunny Choudhary, Advocates Sarad Kumar Singhania, Aarushi Singh, Prateek Bhatia, Dhawal Mohan,Rajesh Raj, Ankita Dogra

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