Allahabad High Court
Ravi Kushwaha And Another vs State Of U.P. And 3 Others on 4 May, 2016
Bench: Pradeep Kumar Baghel
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 17678 of 2016
Petitioner :- Ravi Kushwaha And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rajesh Nath Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
In the similar issue in writ petition no. 53730 of 2015 (Satyendra Kumar Pandey and others V. U.P. Dental Council, Lucknow and others), this Court on 24.09.2015 has passed the following detailed orders.
"The petitioners are 11 in number. They are resident of State of U.P. They are aggrieved by one of the conditions of the advertisement dated 5.9.2015 issued by the respondent no.1 calling the applications for appointment on 165 posts of Dental Hygienists. The offending condition of the advertisement is that the candidates must have been registered with the U.P. Dental Council. It is admitted case of the petitioners that they are not registered with the U.P. Dental Council. Thus, they do not fulfil the eligibility as mentioned in the advertisement.
It is contended on behalf of the petitioners that they have got two years' Dental Hygienists Certificate issued from the institutions of different States i.e. from Karnataka and Bihar etc. They have got their registration in the respective States from where they have completed their course.
The grievance of the petitioners is that they have been registered in the respective States. The State Dental Councils of the respective State have given their no objection for transfer of their certificates to the State of U.P. The said documents have been brought on record as Annexure-2 to the writ petition. It is also mentioned in the said documents that the petitioners have surrendered their original registration certificates.
It is significant to mention that the Dental Council of India in its communication dated 16th March, 2013 to all Registrar of the State Dental Council/Tribunal in the Country, has taken a decision that to mitigate the hardship being faced by the candidates in making them eligible for the Government jobs in the concerned State, the Dental Council of India has no objection, if they get their registration cancelled where they are registered and immediately, thereafter, they may get registered in the State Dental Council. The relevant part of the correspondence reads as under:-
"The Registrars, of all the State Dental Councils/Tribunals including U.P. State Dental Council be informed that although there is no provision in the Dentists Act, 1948 and regulation made thereunder for transfer of registration for Dental Hygienist and Dental Mechanics. However, in order to mitigate the hardship being faced by candidate in making them eligible for the Govt. job in the concerned State, this Council has no objection, if they get their registration cancelled with State Dental Council where candidate is registered and immediately, thereafter, he may get himself registered with any State Dental Council where he wish to apply for the job subject to otherwise he is eligible for registration."
It is stated on behalf of the petitioners that after surrendering their certificates in respective States, they have applied for transfer/registration before U.P. Dental Council but their representation has not been entertained. It is further urged on behalf of the petitioners that if their existing registration from other States is not transferred to the State of U.P. or they are denied the registration, it would cause serious prejudice to their interest as they will be ineligible for the appointment on the posts of Dental Hygienist in the State of U.P..
Learned Standing Counsel was granted time on 18.9.2015 to seek instruction in the matter.
Having heard learned counsel for the petitioner and the learned Standing Counsel, it is provided that the petitioners, who have surrendered their certificates in the respective States and have made application to U.P. Dental Council for registration/transfer of their registration, may be allowed provisionally to make application in pursuance of the advertisement. However, their result shall not be declared without leave of the Court.
Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period."
Sri S.K.S. Kushwaha has put in appearance on behalf respondent no.2 and the learned Standing Counsel appears for State functionaries.
As prayed by them, ten days time is granted to seek instruction in the matter.
List this case on 20.05.2016.
In the meantime, the benefit of the interim order granted in the aforesaid case, is also extended to the petitioners of this writ petition.
Order Date :- 4.5.2016
AU
