Bombay High Court
The Rural Dental College Through Its ... vs The Dental Council Of India And Others on 24 July, 2025
Author: Manish Pitale
Bench: Manish Pitale
2025:BHC-AUG:19360-DB
1 WP / 397 / 2025 +
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 397 OF 2025
M/s. Shubhangi Sunilkumar Dubey
Age 26 years, Occ. Education,
R/o. Rural Dental College Hostel,
Loni, Tq. Rahata,
District Ahilyanagar (Ahmednagar) .. Petitioner
Versus
1] The Dental Council of India,
National Dental Commission
Building, Plot No. 14, Sector 9,
R.K. Puram,
New Delhi 110 002
2] The State of Maharashtra
Through the Principal Secretary
Public Health and Family
Welfare Department,
Mantralaya, Mumbai 400 001
3] The Director,
Directorate of Medical Education,
Government Dental College and Hospital
Building, 4th Floor,
Saint George Hospital Compound,
P.D. Mello Road,
Fort, Mumbai - 400 001
4] The Rural Dental College,
Loni, Tq. Rahata,
District - Ahilyanagar
Through its Principal / Dean
5] Director, General of Health
Services, Ministry of Health &
Family Welfare, Govt. of India
Room No. 446.A
Nirman Bhavan, Maulana Azad Road,
New Delhi - 110 108 .. Respondents
2 WP / 397 / 2025 +
AND
WRIT PETITION NO. 4438 OF 2025
The Rural Dental College
At Loni, Tq. Rahata,
District Ahilyanagar
Through its Principal / Dean .. Petitioner
Versus
1] The Dental Council of India
National Dental Commission
Building, Plot No. 14, Sector 9,
R.K. Puram,
New Delhi 110 002
2] The Director General of Health
Services, Ministry of Health and
Family Welfare,
Government of India,
Room No. 446-A, Nirman Bhavan,
Maulana Azad Road,
New Delhi 110 108
3] The State of Maharashtra
Through the Principal Secretary,
Public Health and Family Welfare
Department, Mantralaya,
Mumbai 400 001
4] The Director,
Directorate of Medical Education,
Government Dental College and
Hospital Building, 4th Floor,
Saint George Hospital Compound
P.D. Mello Road,
Fort, Mumbai 400 001. .. Respondents
...
WP/397/2025
Mr. V.D. Hon, Senior Advocate i/by Mr. S.S. Kote, Advocate for petitioner
Mr. Alok Sharma, Standing Counsel for respondent no. 1
Ms. S.S. Joshi, AGP for the respondent nos. 2 and 3
Mr. A.D. Sonkawade h/f. Mr. Ashwin V. Hon, Advocate for respondent no. 4
Mr. R.B. Bagul, Advocate for respondent no. 5
WP/4438/2025
Mr. Ashwin V. Hon, Advocate for petitioner
Mr. Alok Sharma, Standing Counsel for respondent no. 1
Mr. V.M. Kagne, AGP for respondent - State
...
3 WP / 397 / 2025 +
CORAM : MANISH PITALE &
Y.G. KHOBRAGADE, JJ.
DATE : 24 JULY 2025
JUDGMENT (PER - MANISH PITALE, J.) :
Rule in both the writ petitions. Rule is made returnable
forthwith. With the consent of learned counsel for the parties, the writ
petitions are heard finally, at the stage of admission.
2. A student and a Dental College are before this Court as
the admission granted to the student is now in peril as a consequence
of the impugned communications dated 02.12.2024 and 18.12.2024
issued by the respondent no. 1 - Dental Council of India (National
Dental Commission). The respondent no. 1, by the impugned
communication, has threatened the management and the Dental
College with action under section 10-B of the Dentists Act, 1948, on the
ground that the admission of the student that was allegedly irregularly
completed, ought not to continue.
3. The events leading to the filing of these two petitions are
that the petitioner in writ petition no. 397 of 2025 (hereinafter referred
to as 'the student') completed her under-graduate course in Dentistry
and appeared in entrance examination for admission to Post Graduate
Course i.e. M.D.S. in Oral Medicine and Radiology. After various
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rounds of admission, as per undisputed norms, when a stray vacancy
arose in the Rural Dental College at Loni, District - Ahilyanagar
(respondent no. 4 in the writ petition filed by the student and the
petitioner itself in the companion petition), the student applied for
admission in the said stray vacancy.
4. As per established procedure, the Medical Counselling
Committee, the Director General of Health Services, Ministry of Health
and Family Welfare, Government of India (NEET - MDS Counselling -
2024), considered the candidature of the student on merits; found her
eligible for admission to the stray vacancy in the said Dental College
under the special stray vacancy round and issued a provisional
admission letter. This letter was generated on 24.10.2024 at 10.41 am.
The student, armed with the said provisional admission letter, issued by
the aforesaid Medical Counselling Committee, approached the Dental
College for admission in the stray vacancy on 24.10.2024. The Dental
College accepted the student for admission, upon verification of all her
documents and demanded fees and other charges for confirming the
admission.
5. The documents on record show that on 24.10.2024 itself,
all the documents of the student were verified by the Dental College,
necessary undertakings and affidavits of the student and guardian were
submitted, entire fees including tuition fees, eligibility fees, blazer
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charges, processing fees etc. were paid through online payment mode
on 24.10.2024 itself.
6. As per the circular dated 16.10.2024 issued by the
respondent no. 1 - Dental Council of India, it was incumbent upon a
Dental College to have uploaded all these documents, confirming the
admission of the student by midnight of 25.10.2024.
7. It is the case of the Dental College that due to the fact that
there was lack of connectivity because of heavy rainfall in the rural
area where the Dental College is located, the attempts to upload the
documents within the stipulated period of time and date, could not
succeed. In this situation, on 26.10.2024, the Dental College
addressed a communication to the respondent no. 1 - Dental Council
of India, confirming that the student was admitted in the said stray
vacancy round as per the provisional admission letter issued by the
Medical Counselling Committee (NEET - MDS Counselling - 2024),
but all the documents pertaining to confirmation of the admission could
not be uploaded due to connectivity issue in the rural area where the
Dental College is located.
8. In this backdrop, the student joined the College on
24.10.2024 itself and started pursuing her M.D.S. studies. It is an
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admitted position that she is continuing to pursue the said course even
today.
9. Subsequently, on 21.11.2024, the Dental College again
addressed a communication to respondent no. 1 - Dental Council of
India with regard to the difficulty in uploading the documents pertaining
to admission of the student within the stipulated period of time. It was
further confirmed that the student was pursuing her M.D.S. Course. In
this backdrop, on 02.12.2024, the respondent no. 1 - Dental Council of
India issued the first impugned communication, stating that the request
of the Dental College for uploading details of the student regarding
M.D.S. admission could not be accepted as the portal closed on
midnight of 25.10.2024. It was directed that the said student be
discharged immediately, failing which action under sections 10-B and
section 16-A of the Dentists Act, 1948, would be taken against the
Dental College. The said direction was reiterated in the second
impugned communication dated 18.12.2024.
10. In this situation, the student was constrained to file writ
petition no. 397 of 2025, wherein this Court on 10.01.2025 issued
notice for final disposal. Subsequently, the Dental College filed writ
petition no. 4438 of 2025, which was directed to be heard along with
the aforesaid writ petition no. 397 of 2025. The respondents including
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the respondent no.1 - Dental Council of India filed their reply affidavits
in the petitions.
11. Mr. V.D. Hon, learned senior counsel appearing for the
petitioner - student submitted that the documents on record clearly
demonstrate that the student was validly admitted and the entire
process of admission was completed on 24.10.2024 itself. It was due
to the lack of connectivity, as the Dental College is located in a rural
area, that the documents could not be uploaded till midnight of
25.10.2024. It was submitted that for no fault of the student, her
admission secured on merits ought not to be cancelled and she cannot
be discharged from the M.D.S. course. It was submitted that it would
be a travesty of justice if the student is discharged mid-stream in the
M.D.S. course despite the fact that she secured admission on merits,
on the basis of provisional admission letter issued by the Medical
Counselling Committee of Government of India (NEET - MDS
Counselling - 2024). Much emphasis was placed on the fact that the
entire process of verification of documents, payment of fees and the
confirmation of admission as also joining the course were completed
on 24.10.2024 itself and, therefore, such validly obtained admission on
merits ought not to be cancelled. Uploading of documents within the
stipulated period of time was in the domain of the Dental College and,
therefore, this Court may consider allowing the petition of the student.
8 WP / 397 / 2025 +
Reliance was placed on the judgment of the Supreme Court in the
matter of Asha V. Pt. B.D. Sharma University of Health Sciences
and others; (2012) 7 SCC 489, in support of the contentions raised on
behalf of the student.
12. Mr. Ashwin Hon, learned counsel appearing for the Dental
College i.e. respondent no. 4 and the petitioner in writ petition filed by
the Dental College, supported the contentions raised on behalf of the
student. It was further submitted that the Dental College had
immediately, on 26.10.2024, sent a written communication to the
respondent no. 1 - Dental Council of India, explaining the difficulty due
to lack of connectivity in uploading the documents till midnight of
25.10.2024. It was submitted that in such circumstances, the direction
to discharge the student, failing which action to be taken under section
10-B and 16-A of the Dentists Act, 1948, would not be justified and that
this Court, in the interest of justice, may allow both the writ petitions.
13. On the other hand, Mr. Alok Sharma, learned counsel
appearing for contesting respondent no. 1 - Dental Council of India
relied upon the reply affidavit placed on record along with the
documents filed therewith. He submitted that the circular dated
16.10.2024, issued by the respondent no.1, clearly specified that in no
case could the documents regarding admission be accepted after
midnight of 25.10.2024. This circular has been uniformly applied in the
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case of all admissions and, therefore, no ground is made out for
carving out an exception in the present case. It was submitted that the
said circular in respect of stray vacancy round schedule - 2024 at
clause 2.1 specifically asked the concerned Dental institutions to make
all efforts to upload the details of the students granted admission
immediately upon joining of the student and observed that the Courts
need not be moved by sympathy for candidates, rather they should
proceed on the legal position. On this basis, it was submitted that both
the petitions deserve to be dismissed.
14. Ms. Joshi and Mr. Kagne, learned AGPs appeared on
behalf of the respondent - State Government authorities.
15. This Court has considered the rival submissions on the
basis of the documents on record and also with reference to relevant
legal provisions, as also the circular issued by the respondent no. 1 -
Dental Council of India.
16. The record shows that the student, in the present case,
took admission in what is called the special stray vacancy round in the
process of counselling conducted under NEET - MDS Counselling -
2024. It is significant to note that the Medical Counselling Committee,
Director General of Health Services, Ministry of Health & Family
Welfare, Govt. of India, under the NEET - MDS Counselling - 2024
10 WP / 397 / 2025 +
found the student to be eligible on merits for admission in the stray
vacancy that arose in the said Dental College. On this basis, on
24.10.2024, the said Medical Counselling Committee issued a
provisional admission letter in favour of the student under the special
stray vacancy round. The said document shows that the student was
found eligible for admission to the said M.D.S. course on merits in the
stray vacancy that arose in the said Dental College. Therefore, the
said document was generated on 24.10.2024 at 10.41 am.
17. On the basis of said provisional admission offered to the
student, she immediately went to the Dental College with all her
documents. On 24.10.2024 itself, her documents were verified and
they were found to be in order by the Dental College. Accordingly, on
24.10.2024, she was granted admission in the Dental College in the
stray vacancy round. She submitted the necessary undertakings,
affidavits, as also affidavit of her parent / guardian and she also
deposited the entire tuition fees, caution money, eligibility fees, student
registration fees, ERP fees, blazer charges and other miscellaneous
charges on 24.10.2024 itslef. The receipts placed on record show that
such payments were made in two tranches of Rs.4,47,000/- and
Rs.22,000/-, by online payment mode and such payments were
completed on 24.10.2024 itself. On the basis of having secured
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admission in the Dental College, the student also joined the said
College on 24.10.2024.
18. The documents on record also show that the Dental
College made efforts to upload the documents pertaining to the
admission of the student. It is the case of the Dental College that due
to heavy rainfall where the Dental College is located, there was no
connectivity and the attempts of uploading the documents before the
midnight of 25.10.2024, met with failure. A screenshot has been
placed on record by the Dental College showing that such an attempt
to upload the documents pertaining to the admission of the student on
25.10.2024 at 06.30 pm also met with failure. The said screenshot
amply demonstrates the difficulty faced by the Dental College in
uploading the documents pertaining to the admission of the student.
Immediately thereafter, on 26.10.2024, the Dental College sent a
written communication to the respondent no. 1 - Dental Council of
India, informing that the student had been granted admission on
24.10.2024, on the stray vacancy as per the provisional admission
letter dated 24.10.2024 issued in the NEET - MDS Counselling - 2024
by the Medical Counselling Committee. It was confirmed that the
student had taken admission and the respondent no. 1 was appraised
about the lack of connectivity due to which the documents could not be
uploaded before the midnight of 25.10.2024. The Dental College
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sought permission to upload the said document. Along with the letter,
the Dental College annexed the provisional admission letter issued by
the Medical Counselling Committee portal, allotment letter from the
said portal and screenshot showing the technical issue faced by the
Dental College while uploading the documents.
19. There was no response from the respondent no. 1 -
Dental Council of India to the said communication sent by the Dental
College. Therefore, the Dental College was constrained to sent
another communication on 21.11.2024 to the respondent no. 1,
reiterating the statements made in the earlier communication dated
26.10.2024 along with the very same documents, again requesting for
resolving the issue with regard to the admission of the student. It is in
response to the said communication that on 02.12.2024, the
respondent no. 1 - Dental Council of India sent the impugned
communication directing the Dental College to discharge the admission
of the student in the M.D.S. course, failing which action was threatened
under section 10-B and 16-A of the Dentists Act, 1948. This was
reiterated in the subsequent impugned communication dated
18.12.2024.
20. Having perused the aforesaid documents and the
chronology of events, we find that the student in the present case is not
at fault at all, for the reason that she secured admission on merit in the
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stray vacancy that arose in the Dental College. She immediately
approached the Dental College for admission on the basis of
provisional admission letter issued by the Dental Counselling
Committee (NEET - MDS - Counselling - 2024). After having found
her eligible for the admission to the Dental College, verification of
documents, filing of undertaking, usual declarations and affidavits as
also payment of the entire fees and the miscellaneous charges was
completed on 24.10.2024. The student joined the College on
24.10.2024 and only the uploading of documents was to be completed
before midnight of 25.10.2024. Such action was to be taken by the
Dental College, upon which the student did not have any control.
21. The Dental College also has been able to explain the
genuine difficulty in uploading of documents before midnight of
25.10.2024, due to lack of connectivity as a result of heavy rainfall in
the rural area where the Dental College is located. The screenshot
placed on record amply supports the stand of the Dental College that
due to continued lack of connectivity, the document pertaining to
admission of the student could not be uploaded before the midnight of
25.10.2024. The fact that the Dental College immediately on
26.10.2024 reached out to the respondent no.1 - Dental Council of
India explaining the difficulty and seeking permission to upload the
documents, sufficiently demonstrates bona fides of the Dental College
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also. This was followed up with the subsequent communication dated
21.11.2024. We are satisfied that in such circumstances, neither the
student nor the Dental College can be said to be at fault in adhering to
the circular dated 16.10.2024, issued by the Dental Council of India.
22. A perusal of the said circular dated 16.10.2024 shows that
all Dental Institutions were required to upload the documents pertaining
to admission, including under the special stray vacancy schedule -
2024, not later than midnight of 25.10.2024. The circular warned
Dental Institutions and Colleges that if it is found that students have
been admitted and documents are not uploaded within the stipulated
time, appropriate action would be taken and that only the uploaded
details of the students on the portal of respondent no. 1 - Dental
Council of India, would be forwarded to the said Dental Council /
Tribunals for M.D.S. qualification.
23. We find that although the respondent no. 1 - Dental
Council of India would be well within its power to issue such a circular
to ensure that the admissions are completed in a proper manner on
merits within the stipulated period of time, in the peculiar facts of the
present case, it cannot be said that either the admission of the student
was not on merit or that the student and / or Dental College committed
default in adhering to the said circular dated 16.10.2024. The crucial
document in the present case is the provisional admission letter dated
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24.10.2024 generated at 10.41 am, issued by the Medical Counselling
Committee (NEET - MDS Counselling - 2024). This document shows
that the committee itself offered stray vacancy in the Dental College to
the student on merit and, therefore, there can be no suspicion about
any irregularity or illegality in the matter. Merely because the
documents pertaining to the admission of the student could not be
uploaded on the portal of the respondent no. 1 - Dental Council of
India due to genuine difficulty of connectivity, it ought not to jeopardize
the academic career of the student.
24. In this context, reliance placed on judgment of the
Supreme Court in the case of Asha Vs. Pt. B.D. Sharma University
of Health Sciences and others (supra) is justified, for the reason that
in the said case, it was observed as follows :-
"30. There is no doubt that 30th September is the cut-off date.
The authorities cannot grant admission beyond the cut-off date
which is specifically postulated. But where no fault is attributable
to a candidate and she is denied admission for arbitrary reasons,
should the cut-off date be permitted to operate as a bar to
admission to such students particularly when it would result in
complete ruining of the professional career of a meritorious
candidate, is the question we have to answer.
31. Having recorded that the appellant is not at fault and she
pursued her rights and remedies as expeditiously as possible, we
are of the considered view that the cut-off date cannot be used
as a technical instrument or tool to deny admission to meritorious
students. The rule of merit stands completely defeated in the
facts of the present case. The appellant was a candidate placed
higher in the merit list. It cannot be disputed that candidates
having merit much lower to her have already been given
admission in the MBBS course. The appellant had attained 832
marks while the students who had attained 821, 792, 752, 740
and 731 marks have already been given admission in the ESM
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category in the MBBS course. It is not only unfortunate but
apparently unfair that the appellant be denied admission."
25. In the present case also, we find that the student secured
admission on merits and she is pursuing the MDS course even today. If
the student is discharged at this stage from the MDS course it will
certainly ruin her professional career and her desire to pursue Post
Graduate qualification, which she has secured undeniably on merits.
26. In the present case, it cannot be said that if this Court
exercises writ jurisdiction holding in favour of the student, it would
amount to showing misplaced sympathy. In fact, allowing the petition
would be in the interest of justice. In the peculiar facts of the present
case, therefore, reliance placed on behalf of the respondent no. 1 on
the judgment of the Supreme Court in the case of Guru Nanak Dev
University V. Saumil Garg; (2005) 13 SCC 749 is misplaced.
27. We find that since the Dental College, in the facts and
circumstances of the present case cannot be held to be at fault and it
cannot be said that it deliberately violated the circular dated 16.10.2024
or the direction of the respondent no. 1 - Dental Council of India, the
proposed action against the Dental College under section 10-B and
16A of the Dentists Act, 1948, would not be justified. Section 10-B
pertains to non-recognition of dental qualifications and section 16-A of
the Act pertains to withdrawal of recognition of recognized dental
17 WP / 397 / 2025 +
qualification. We are of the opinion that invoking the said provisions on
the part of the respondent no. 1 - Dental Council of India would not be
justified in the facts and circumstances of the present case and hence
both the petitions deserve to be allowed.
28. Accordingly, writ petition no. 397 of 2025 is partly allowed
in terms of prayer clause (C) and (D), thereby quashing and setting
aside the impugned communications dated 02.12.2024 and 18.12.2024
issued by the respondent no. 1 - Dental Council of India. The said
respondent is directed to approve admission of the student in the MDS
course with effect from 24.10.2024 in the academic year 2024-25.
29. Writ petition no. 4438 of 2025 is also likewise partly
allowed in terms of prayer clause (D) and (E) pertaining to the very
same reliefs.
30. Rule is made absolute accordingly in the above terms.
31. Pending applications, if any, also stand disposed of.
[ Y.G. KHOBRAGADE ] [ MANISH PITALE ]
JUDGE JUDGE
arp/
