Rajasthan High Court - Jodhpur
Prem Shankar Didvaniya vs The Dental Council Of India ... on 22 May, 2025
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2025:RJ-JD:25147]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 19023/2023
Prem Shankar Didvaniya S/o Durga Shankar Sharma, Aged
About 25 Years, 20-A, Himmat Nagar, Pali, Rajasthan.
----Petitioner
Versus
1. The Dental Council Of India, Through Secretary, Kotala
Road, Temple Lane, New Delhi - 110002.
2. The Rajasthan State Dental Council, Through Its
President, Ruhs College Of Dental Science, Subhash
Nagar Jhotwara 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
JUSTICE DINESH MEHTA
Order
22/05/2025
1. Mr. Mathur, learned counsel for the petitioner 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.).
[2025:RJ-JD:25147] (2 of 3) [CW-19023/2023]
2. Mr. Rathore, learned Additional Advocate General appearing
for the Dental Council of India (hereinafter referred to as 'DCI')
and Mr. Bishnoi 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 petitioner
shall pay a sum of Rs.1 lac each.
5. Petitioner 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.
6. On receiving of the demand draft and a webcopy of the order
instant, the respondent - RUHS shall issue him
mark-sheets/degrees.
7. Needless to observe that after the degree has been issued by
the RUHS, the competent authority shall register the petitioner 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
[2025:RJ-JD:25147] (3 of 3) [CW-19023/2023]
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
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
93-akansha/-
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