Rajasthan High Court - Jodhpur
Javed Khan vs The Dental Council Of India ... on 22 May, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:25141]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16667/2023
1. Javed Khan S/o Shri Mumtaj Khan, Aged About 24 Years,
B-26, Avtar Colony, Opposite Mandore Garden, Jodhpur,
Rajasthan
2. Yash Dadhich S/o Shri Balwant Kumar Sharma, Aged
About 25 Years, Pali Road, Bus Stand, Bar, Pali, Rajasthan
3. Rohit Jangid S/o Shri Hari Prakash, Aged About 25 Years,
Bagavas, Ward No.1, Merta Nagaur, Rajasthan.
4. Tinkal Kantilal Bhati D/o Shri Kantilal, Aged About 24
Years, Mahaveer Darshan, B.p. Cross Road No.5, Near
Swami Narayan Mandir, Bhayandar East, Thane,
Maharastra-401105.
5. Lalita Raj D/o Shri Sohan Ram, Aged About 23 Years,
221, Meghwalo Ka Bas, Feench Jodhpur, Rajasthan.
6. Rifat Ara D/o Shri Abdul Ahad Reshi, Aged About 24
Years, Lankreshipora, Bandipora, Jammu And Kashmir
----Petitioners
Versus
1. The Dental Council Of India, Through Secretary, Kotla
Road, Temple Lane, New Delhi - 110002.
2. The Rajasthan State Dental Council, Through Its
President, Rush College Of Dental Science, Subhash
Nagar, Jotwara Road, Jaipur.
3. The Rajasthan University Of Health Sciences, Through Its
Registrar, Ruhs Campus, Jaipur - 302033.
4. The Principal, Vyas Dental College And Hospital,
Administrative Office At Teesra Prahar Bhawan, First A
Road Sardarpura, Jodhpur-342003, Campus At Near Kuri
Hod, Pali Road, Jhalamand, Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : Mr. S.S. Rathore, AAG assisted by Mr.
Pravin Kumar Choudhary
Mr. Mahendra Vishnoi
Mr. AA Bhansali
[2025:RJ-JD:25141] (2 of 4) [CW-16667/2023]
JUSTICE DINESH MEHTA
Order
22/05/2025
1. Mr. Mathur, learned counsel for the petitioners submitted that
the issue involved in the present writ petition is squarely covered
by judgment dated 03.04.2025 passed by this Court in a bunch of
writ petitions led by S.B. Civil Writ Petition No.1988/2021 (Pooja
Punaram Patel & Ors. Vs. Rajasthan University of Health Sciences
& Anr.).
2. Mr. Rathore, learned Additional Advocate General appearing
for the Dental Council of India (hereinafter referred to as 'DCI')
and Mr. Vishnoi appearing for the University submitted that the
case is not exactly identical to the case of Pooja Punaram Patel
(supra).
3. Having heard learned counsel for the parties, this Court is of
the view that with a minor difference in facts, the facts of the
present case are identical to one involved in the case of Pooja
Punaram Patel (supra).
4. The present writ petition is, therefore, disposed of in the
same terms and consequently, it is hereby ordered that petitioners
shall pay a sum of Rs.1 lac each.
5. Petitioners shall furnish a demand draft of Rs.1 lac drawn in
the name of Registrar, Rajasthan University of Health Sciences
within a period of one month from today.
[2025:RJ-JD:25141] (3 of 4) [CW-16667/2023]
6. On receiving of the demand draft and a webcopy of the order
instant, the respondent - RUHS shall issue them
mark-sheets/degrees.
7. Needless to observe that after the degrees have been issued
by the RUHS, the competent authority shall register the
petitioners in accordance with law.
8. So far as respondent - college (Vyas Dental College and
Hospital) is concerned, it shall pay a fine of Rs.7,50,000/- by
31.07.2025 to the Registrar, RUHS. In case, the college fails to
deposit said amount of Rs.7,50,000/- by 31.07.2025 (subject of
course to its right of appeal etc.), the Counseling Board shall not
reflect name of such college in the list of eligible colleges.
9. The Registrar, RUHS shall keep the amount in separate
account as and when deposited and shall ultimately transmit the
same to the Principal and Controller, Government Dental College,
Jodhpur, who shall utilize the same for purchase of dental chairs
and some other equipments or for meeting out any capital
expenditure (not of revenue nature). The amount aforesaid shall
be utilized on or before 31.03.2026 and utilization certificate shall
be sent to the Registrar, RUHS so also to the DCI.
10. It is high time when the Court should warn the private
colleges to desist from giving irregular admissions. The order
instant has been passed being guided by the equity in light of
peculiar facts and considering that the contentious admissions
were given 5-6 years back. However, in future if any such irregular
admission is given by the colleges involved in the present writ
[2025:RJ-JD:25141] (4 of 4) [CW-16667/2023]
petition or by any other college, the DCI and RUHS shall take
stern action. They should not consider end of their duties by
imposition of fine - they should withdraw or revoke the recognition
granted to such college in accordance with law, obviously after
following principles of natural justice.
11. The stay application also stands disposed of, accordingly.
(DINESH MEHTA),J
92-akansha/-
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