SOHAM MAYANKKUMAR VYAS AND ORS.versusUNION OF INDIA AND ORS.

                        [201 OJ 11 S.C.R. 818


A           SOHAM MAYANKKUMAR VYAS AND ORS.
                                   V.
                   UNION OF INDIA AND ORS.
                 (Writ Petition(C) NO. 172 of 2010)
                       SEPTEMBER 28, 2010
B
         [R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.]

        DENTISTS ACT, 1948:

c       s. 10 (4) (b} - Mauras College of Dentistry, Mauritius -
  Affiliated to Bhavnagar University - Added by Government
  of India Notification dated 6.3.2009 at SI. No. 96 in Part Ill of
  the Schedule to the Act - Letter dated 16.2.2010 by
  Government of India requiring students of Mauras College who
0 had   secured BOS degrees from Bhavnagar Univesity to
  appear for screening test as per DC/ Screening Test
  Regulations, 2009 - Notification dated 6. 3. 2009 and letter
  dated 16.2.2010 challenged in writ petitions before the
  Supreme Court - Held: Though Mauras College is situated
E outside India, the students of the College who have been
  granted BOS degrees by Bhavnagar University possess the
  dental qualifications awarded by an authority in India -
  Notification dated 6.3.2009 quashed - Government of India
  directed to consider the request as and when made by
  Mauras College for inclusion of its name in Column (2) of
F entry 62 of Part I of the Schedule to the Act -- Until the College
  is so included, its Indian students will have to undergo the
  screening test as per the first proviso to Regulation 4 of 2009
  Regulations - Dental Council of India Screening Test
  Regulations, 2009 - Regulation 4 - Education/ Educational
G Institutions.

        Mauras College of Dentistry, Hospital and Oral
    Research Institute, Mauritius (Mauras College) was
    granted affiliation to Bhavnagar University in India for the
H                                818
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 819
           OF INDIA AND ORS.
academic year 2003-04 and the affiliation was renewed for       A
the years 2004-05 and 2005-06. The Government of India,
in exercise of its power under clause (b) of sub-s. (4) of
s.10 of the Dentists Act, 1948 issued a notification dated
6.3.2009 (Gazetted on 21.3.2009) adding the Mauras
College at SI. No. 96 in Part Ill of the Schedule to the Act,   B
to the effect that the dental qualifications of the students
of the Mauras College were dental qualifications granted
by an authority or institution outside India. The Dental
Council of India, in exercise of powers conferred by s. ·20
read with s. 10 (4) I (5) of the Act, framed the Dental         c
Council of India Screening Test Regulations, 2009
providing for screening test to determine the eligibility of
Indian Citizens possessing primary dental qualification
awarded by any dental institution outside India for
registration with any State Dental Council. The
                                                                0
Government of India (Ministry of Health and Family
Welfare, Dental Education Section), by letter dated
16.2.2010, required the students of Mauras College who
had secured BOS degrees from Bhavnagar University to
appear for the screening test as per the 2009 Regulations
for recognition of their degrees in India. The instant writ     E
petitions were filed seeking to quash the Notification
dated 6.3.2009 and for certain other reliefs.

    The questions for consideration before the Court
were: (i) "whether the notification dated 6.3.2009 issued       F
under s.10(4)(b) of the Act entering the Mauras College,
Mauritius and its BOS degree, at SI. No. 96 in Part Ill of
the Schedule to the Act is valid?" and (ii) "whether the
BOS graduates from Mauras College affiliated to
Bhavnagar University, Gujarat have to take the screening        G
test under the DCI Screening Regulations, 2009, for
recognition of their BOS degree in India?"

    Allowing the writ petitions in part, the Court
                                                                H
    820     SUPREME COURT REPORTS                [2010] 11 S.C.R.

A        HELD: 1. Section 10(4) of the Dentists Act, 1948 will
    apply only if the dental qualification is granted by an
    authority or institution outside India, and as a
    consequence, such qualification will have to be listed
    under .Part Ill of the Schedule to the Act. The re
B   spondents do not dispute the fact that the BOS
    examinations for the students of Mauras College are held
    by Bhavnagar University and the degrees are also
    granted to them by the said University and not by any
    authority or institution outside India. So. long as the
C   Mauras College is affiliated to Bhavnagar University and
    the said University is the examining body and is the
    authority which grants the BOS degree dental
    qualification to the students of Mauras College, s. 10(4)
    and Part-Ill of the Schedule to the Act will not apply. As
D   Bhavnagar University is not an authority outside India,
    the dental qualifications granted by it cannot be included
    in Part Ill of the Schedule to the Act even if the college/
    institution affiliated to the said University is outside India.
    Therefore, the notification dated 6.3.2009 is illegal being
E   contrary to and violative of s.10(1) and (4) of the Act and
    liable to be struck down. [para 12] [832-H; 833-A-C;]

       2.1. A 'recognized dental qualification' could be either
  (i) a dental qualification granted on completion of a
F course of study in an institution (University or deemed
  University) whose dental qualification is recognized by
  the Central Government; or (ii) a dental qualification
  granted by an authority (whose dental qualifications are
  recognized by the Central Government) to those who
G undergo a course of study in an affiliated dental college/
  institution, which was established with the previous
  permission of the Central Government. Thus, where the
  dental qualification is granted by an authority (that is, a
  University in India) to which several dental colleges are
H
    SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 821
               OF INDIA AND ORS.
    affiliated, the term "recognized dental qualification" refers   A
    to the dental qualification granted by a University (whose
    dental qualifications are recognized by the Central
    Government) by undergoing a course of study ~n an
    affiliated college or institution established with the prior
    permission of the Central Government. [para 13] [833-D-         B
    G]      •

'       2.2 The Recognized dental qualifications granted by
  authorities or institutions in India are enumerated in Part
  I of the Schedule to the Dentists Act, 1948; the recognized . c
  dental qualifications granted by authorities or institutions
  outside India (only for the purpose of registration of
  Indian citizens when the Register is first prepared under
 the Act) are enumerated in Part II of the Schedule to the
 Act; and the recognised dental qualifications granted by D
  any authorities or institutions outside India only when
  granted to citizens of India, are enumerated in Part Ill of
 the Schedule. Having regard to the provisions of sub~~s.
  (1) and (4) of s. 10 of the Act, if a dental college is situated
 outside India but the authority which grants the dental E
  qualification in regard to students of that College is in
  India, recognition of the dental qualifications will be
. go./erne,d bys. 10(1) and w... have to be enumerated in
  Pi\.rt I' of' the Schedule. For this purpose, the dental
  qualifications granted by the Authority should be F
  recognized by the Central Government, and the
  Institution/College where the course of study is
  conducted should have the prior permission of the
  Central Government for offering such course of study.
  Such recognition and permission, when granted to the G
  University and College respectively results in the
  University (Authority) and the affiliated College
  (institutions) being included in Part-I of the Schedule to
  the Act. [para 14] [833-H; 834-A-D]
                                                                    H
    822    SUPREME COURT REPORTS               [201 O] 11 S.C.R.


A      2.3 If the dental qualification is not being granted by
  any authority or institution in India, then the dental
  qualification will not be recognized u/s. 10(1) or (2) of the
  Act and, consequently, will not be included under Part-I
  of the Schedule to the Act. If the dental qualification is
B granted by an authority or institution outside India is
  recognized u/s. 10(4) and is included in Part-Ill of the
  Schedule, a citizen of India possessing such qualification
  shall be entitled to registration under the Dentists Act.
  [para 15] [834-E-F]
c
       2.4 The dental qualification granted by the
  Bhavanagar University, that is, Bachelor of Dental
  Surgery - shown by the abbreviation "BOS (Bhavnagar)",
  granted on or after 3.7.2004, in regard to its affiliated
  College - Manubhai Patel Dental College and Hospital,
0
  Vadodara, Gujarat is a recognized dental qualification by
  virtue of the said University and College being shown at
  Sl.No.62 in Part I of the Schedule to the Act. The dental
  qualification of Bachelor of Dental Surgery obtained by
  undergoing a course of study at Mauras College is not
E listed in Part I against Entry No.62 relating to Bhavnagar
  University. Though the recognition of the dental
  qualification by the Central Government is with reference
  to the University (Authority) which grants it, Part I of the
  Schedule makes it clear that in regard to dental
F qualification granted by an Indian University, the affiliated
  College/ Institution where the course of study is
  undergone should have prior permission of the Central
  Government. [para 16) [834-G·H; 835-A-B]

G       2.5 As BOS degrees granted by the Bhavnagar
    University is recognized only with reference to a College
    in Gujarat and as Mauras College has not been included
    in the Second Column of Entry 62 in Part I of the

H
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION ·823
           OF INDIA AND ORS.
Schedule to the Act, Mauras College will have to take            A
steps to get its name entered in Entry 62 of Part I, of the
Schedule, as an institution affiliated to Bhavnagar
University for getting the benefit of 'recognized dental
qualification.' (para 17) (835-C-E]
                                                                 B
    3. In the facts and circumstances of the case, it is
directed that

    (i) the notification dated 6.3.2009 issued by the
    Government of India, placing the BOS dental
    qualifications granted by the Bhavnagar University           C
    in regard to the students of the Mauras College of
    Dentistry at Mauritius, at Entr;y No.96 of Part Ill of the
    Schedule to the Act, is illegal' and violative of s. 10(1)
    and (4) of the Act and is hereby quashed.
                                                                 D
    (ii) dental qualification (BOS degree) granted by
    Bhavnagar University to the students of Mauras
    College of Dentistry shall not be considered to be a
    degree granted by a foreign authority or institution.

    (iii) BOS degrees granted by the Bhavnagar                   E
    University to the students/ of Mauras College of
    Dentistry at Mauritius hall be treated as a
    recognized dental qualification granted by an
    authority in India governed by s.10(1) of the Act, if
    Mauras College, Mauritius is added by the Central            F
    Government as an affiliated institution under Column
    (2) of Entry 62 in Part I of the Schedule to the Act. In
    such an event, the holders of such degree will be
    entitled to all benefits and advantages as persons
    holding recognized dental qualifications u/s. 10(1) of       G
    the Act and need not undergo the screening test
    under the DCI Screening Test Regulations 2009.

    (iv) The Central Government is directed to consider
    any request that may be made by Mauras College of            H
    824      SUPREME COURT REPORTS               [201 OJ 11 S.C.R.

A         Dentistry, Mauritius for inclusion of its name in
          Column (2) of Entry 62 of Part I of the Schedule, in
          accordance with law .

       . (v) Unless and until Mauras College is included as an
         affiliated institution in Column (2) of Entry 62 in Part-
B
         1 of the Schedule to the Act, the Indian students of
         Mauras College of Mauritius will have to undergo a
         screening test as per the first proviso to Regulation
         4 of DCI Screening Test Regulations 2009. [para 19]
         [836-G-H; 837-A-D]
c
        CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
    172 of 2010.

                                WITH
D W.P. (C) No. 202 of 2010.

       Harish N. Salve, Shekhar Naphade, Mitul Shelat, Sanjay
  R. Hegde, Ramesh K. Mishra, Anil Kumar Mishra, Huzefa
  Ahmadi, Sakshi Banga, Garima Kapoor, Ejaz Maqbool for the
E Petitioners.

        P.P. Malhotra, ASG, Meet Malhotra, R.K. Rathore,
  Rohitash S. Nagar, S.S. Rawat (for D.S. Mahra), Madhurima
  Mridul, Kunal Bahri, Anil Katiyar, Vikas Mehta, Nar Hari Singh
F for the Respondents.

          The order of the Court was delivered by

        R.V. RAVEENDRAN J. 1. Counter of first respondent-
    Union of India filed in court. Heard.
G
       2. The petitioners in W.P. [CJ No.172 of 2010 are the
  students admitted in the year 2006-07 to BOS course
  conducted by the "Mauras College of Dentistry, Hospital and
  Oral Research Institute" situated at Mauritius (for short "Mauras
H College"). The said Mauras College is the first petitioner and
 SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 825
   OF INDIA AND ORS. [R.V. RAVEENDRAN, J.]
 one of its students admitted to BOS course in 2005-06 is the         A
 second petitioner in W.P.(C)No.202/2010. Mauras College is
 affiliated to Bhavnagar University, Gujarat (for short 'the
 University').

     3. The brief facts leading to these writ petitions are as        B
 under:

       3.1 Mauras College sought affiliation with Bhavnagar
 University. The Government of Gujarat and tne Dental Council
 of India had initially some reservation about a college situated
 in a foreign country seeking affiliation with the Bhavnagar          C
 University in India. Subsequently, however, the Government of
 Gujarat granted a 'No Objection Certificate' on 18.2.2003 for
 setting up the Mauras College affiliated to the said University,
 subject to prior permission from Dental Council of India and
 Ministry of External Affairs. The Ministry of External Affairs,      D
 Government of India, granted the necessary clearance for
 setting up the college on 28.8.2003.

       3.2 The representatives of the Dental Council of India and
  the Bhavnagar University visited the Mauras College at
                                                                      E
· Mauritius and satisfied themselves that the College met with
  the infrastructural and other requirements prescribed by Dental
  Council of India for grant of permission to establish the Dental
  College and for grant of affiliation. The Dental Council of India
  recommended to the Government of India, that Mauras College
                                                                      F
  be approved. On the recommendation of the Academic
  Council and Executive Council of the University, the
  Government of Gujarat granted affiliation of Mauras College to
  the Bhavnagar University for the academic year 2004-05 and
  renewed the affiliation for 2004-05 and 2005-06.
                                                                      G
      3.3 The Mauras College follows the syllabus and the
 method of teaching prescribed by the Bhavnagar University
 consistent with the guidelines and regulations of Dental Council
 of India. The examinations for the BOS course of Mauras
 College are conducted in Mauritius, by the examiners from the        H
    826      SUPREME COURT REPORTS                  [2010] 11 S.C.R.


A   Bhavnagar University deputed from India, exactly at the same
    time as examinations held in respect of the other Dental
    College/s in India affiliated to the University.

       3.4 The State of Gujarat issued a show cause notice dated
8 7.1.2006 to the University as to why the affiliation granted to
  the Mauras College should not be cancelled. The Mauras
  College filed a Writ Petition [W.P.(Civil) No.57 of 2006] in this
  court, praying for a direction that its affiliation to the Bhavnagar
  University shall not be cancelled by the State of Gujarat. During
C the hearing of the said writ petition by this court, the Union of
  India and Bhavnagar University confirmed that the statutory
  inspections of Mauras College at Mauritius had already been
  conducted and the College was found to be running with
  requisite infrastructure and facilities, and therefore the
  recognition and affiliation could be granted. In view of it, this
D Court allowed the writ petition by order dated 13. 7.2009 and
  directed that the Mauras College shall be taken as affiliated to
  Bhavnagar University. In pursuance of it the State of Gujarat and
  the University proceeded on the basis that the Mauras College
  was affiliated to the University.
E
       4. The Dentists Act, 1948 ('Act' for short) was enacted with
  the object of regulating the profession of dentistry and for that
  purpose to constitute the Dental Councils. The Act vests in the
  Central Government, the power to recognize dental
F qualifications. The Act also requires prior permission of the
  Central Government for establishing any new dental college.
  Section 20) defines 'recognized dental qualification' as any of
  the qualifications included in the Schedule to the Act.

       4.1 Section 1O of the Act deals with recognition of dental
G qualifications. Sub-Section (1) provides that the dental
  qualifications granted by any authority or institution in India,
  which are included in Part I of the Schedule shall be recognised
  dental qualifications for the purpose of the Dentists Act. Sub-
  section (2) of Section 10 of the Act relates to amendment of
H Part I of the Schedule and it is extracted below:
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 827
  OF INDIA AND ORS. [R.V. RAVEENDRAN, J.]
     "(2) Any authority or institution in India which grants a dental   A
     qualification not included in Part I of the Schedule may
     apply to the Central Government to have such qualification
     recognised and included in that Part, and the Central
     Government, after consulting the Council, and after such
     inquiry, if any, as it may think fit for the purpose, may, by      B
     notification in the Official Gazette, amend Part I of the
     Schedule so as to include such qualification therein, and
     any such notification may also direct that an entry shall be
     made in Part I of Schedule against such dental
     qualification declaring that it shall be a recognised dental       c
     qualification only when granted after a specified date".

      4.2 Sub-Section (3) of Section 10 of the Act provides that
the dental qualifications, granted by any authority or institution
outside India, which are included in Part II of the Schedule shall
be recognised dental qualifications only for the purposes of the        D
registration of citizens of India when the register is first
prepared under Dentists Act. Sub-section (4) of section 10
provides that the dental qualifications granted by any authority
or institution outside India, which are included in Part Ill of the
Schedule shall be recognised dental qualifications for the              E
purposes of the Dentists Act, but no person possessing any
such qualification, shall be entitled for registration unless he is
a citizen of India. Sub-section (5) of Section 10 authorizes the
Dental Council to enter into schemes of reciprocity for
recognition of dental qualifications awarded by authorities/            F
institutions in other countries and declaration thereof by the
Central Government as recognized dental qualifications.

     4.3 Section 1OA deals with permission for establishment
of new dental college, new courses of study etc. Section 108            G
relates to non-recognition of dental qualifications in certain
cases and Sub-Section (1) thereof is extracted below:

     "108(1) Where any authority or institution is established for
     grant of recognized dental qualification except with the
     previous permission of the Central Government in                   H
    828      SUPREME COURT REPORTS                   [201 O] 11 S.C.R.

A         accordance with the provisions of section 1OA, no dental
          qualification granted to any student of such authority or
          institution shall be a recognized dental qualification for the
          purposes of this Act."

       4.4 Section 31 of the Act requires the State Government
8
  to prepare a Register of dentists for the State. Sub-section (3)
  of Section 31 provides that the Register of Dentists shall be
  maintained in two parts A and B, persons possessing
  recognized dental qualifications being registered in Part A and
  persons not possessing such qualifications being registered in
C Part B.

       4.5 Section 33 of the Act prescribes a 'recognized dental
  qualification' as the qualification for entering a person's name
  entered in the Register when it was first prepared. Section 34
D of the Act prescribes the qualification for subsequent
  registration. Section 34(1) of the Act relevant for our purpose
  is extracted below:

          "34. Qualification for subsequent registration. (1) After the
          date appointed under sub-section (2) of section 32 a
E
          person shall, on payment of the prescribed fee, be entitled
          to have his name entered on the register of dentists, if he
          resides or carries on the profession of dentistry in the
          State and if he-

F         (i) holds a recognised dental qualification, or

          (ii) does not hold such a qualification but, being a [citizen
          of India], has been engaged in practice as a dentist as his
          principal means of livelihood for a period of not less than
          two years before the date appointed under sub-section (2)
G
          of section 32 and has passed, within a period of [ten years
          after the said date], an examination recognised for this
          purpose by the Central Governm~nt:

          Provided that no person other than a citizen of India shall
H
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 829
  OF INDIA AND ORS. [R.V. RAVEENDRAN, J.]
    be entitled to registration by virtue of a qualification:        A

    (a) specified in Part I of the Schedule unless by the law
    and practice of the State or country to which such person
    belongs persons of Indian origin holding dental
    qualifications registrable in that State or country are          B
    permitted to enter and practice the profession of dentistry
    in such State or country, or

    (b) recognised in pursuance of a scheme of reciprocity,
    under sub-section (5) of section 10:
                                                                     c
    Provided further that a person.iegistered in Part B of the
    register shall be entitled to be registered in Part A thereof,
    if within a period of ten years after the date of his
    registration in Part B he passes an examination
    recognised for the purpose by the Central Government.            D
     5. The government of India issued a notification
(S.0.No.73/2004 Gazetted on 8.1.2004) in exercise of its
power under Section 10(1) and (2) of the Act and added the
following as Sl.No.62 in Part I of the Schedule to the Act:
                                                                     E
Authority or   Recognised dental                   Abbreviation
Institution    qualification                        for
                                                   registration
62.            1. Manubhai Patel Dental            BOS,
                                                                     F
Bhavnagar      College & Hospital,                 (Bhavnagar)
University,    Vadodara, Gujarat

Bhavnagar,     (i) Bachelor of Dental Surgery
               (when granted on or after
               3.7.2004)                                             G

The Government of India by another notification dated 6.3.2009
(Gazetted on 21.3.2009) issued in exercise of its power under
Section 10(4)(b) of the Act added the following as Sl.No.96 in
Part Ill of the Schedule to the Act:                                 H
    830       SUPREME COURT REPORTS                 [201 O] 11 S.C.R.


A   Authority or    Recognised dental                  Abbreviation
    Institution     qualification                       for
          '                                            registration
    96.             Mauras College of Dentistry,       BOS,
    Bhavnagar       Mauritius                          Bhavnagarar
B   University,                                        University,
    Bhavnagar,      (i) Bachelor of Dental             Bhavnagar
    Gujarat         Surgery (If granted to Indian
                    students of the first and
                    second batches, i.e., the
c                   Indian students who were
                    admitted during the academic
                    sessions 2003-04 and
                    2004-05 respectively only).

D
        6. The Dental Council of India framed the "Dental Council
  of India Screening Test Regulations 2009" ('Regulations' for
  short) in exercise of power conferred by section 20 read with
  section 10(4)/(5) of the Act, providing for conduct of a screening
E test to determine the eligibility of candidates for registration with
  any State Dental Council or any other purpose. The said
  Regulations are applicable only to those Indian citizens
  possessing a primary dental qualification/PG Diploma/Post
  Graduate Dental qualification, awarded by any dental institution
F outside India, who are desirous of getting registration with any
  State Dental Council or of any other purpose as specified by
  the Dental Council of India from time to time; and on or after
  the date of publication of the said Regulations in the official
  gazette, they shall have to qualify in a screening test conducted
  by the prescribed authority for that purpose, as per the
G provisions of section 10(4) or 10(5) of the Act, as the case may
  be. The first proviso to Regulation (4) provide that all Indian
  Students who have passed and possessed a dental
  qualification/degree, which has not been recognized or who
  have taken admission abroad on or before the date of
H publication of the Regulations, shall also be eligible to appear
 SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 831
   OF INDIA AND ORS. [R.V. RAVEENDRAN, J.]

in the screening test.                                                A

     7. The Government of India (Ministry of Health & Family
Welfare, Dental Education Section) required the students of
Mauras College who had secured BOS degrees from
Bhavnagar University to appear for the screening test as per          B
the DCI Screening Test Regulations, 2009, for recognition of
their degrees in India (vide letter dated 16.2.2010 and other
similar letters addressed to the students of Mauras College).

       8. The petitioners in these two writ petitions have sought
(i) quashing the notification dated 6.3.2009 adding Entry No.96       C
in Part Ill of the Schedule to the Act; (ii) a declaration that the
communications of the Government of India requiring the
students of the Mauras College to appear in the screening test
is illegal and contrary to Article 14 of the Constitution of India
and that the DCI Screening Test Regulations, 2009 are                 D
inapplicable to students who have been conferred BOS degree
by Bhavnagar University; (iii) a declaration that the BOS degree
granted by the Bhavnagar University to the students of Mauras
College, Mauritius shall not be considered as a degree granted
by a foreign University but shall be considered as a BOS              E
Degree granted by Bhavnagar University in India; and (iv) a
declaration that there is no difference between students who
were admitted in 2003-04 and 2004-05, and those who were
admitted thereafter with a mandamus to Government of India
to recognize the degree granted by Bhavnagar University to the        F
students of Mauras College during 2005-06 and thereafter, for
the purposes of the Act.

     9. The respondents have resisted the petitions by
contending that the dental qualifications possessed by the
Indian students of Mauras College, Mauritius are 'foreign dental      G
qualifications obtained by citizens of India' and they are
therefore required to undergo a screening test as provided by
the DCI Screening Test Regulations, 2009.

    10. On the contentions raised by the writ petitioners             H
    832      SUPREME COURT REPORTS                   [201 O] 11 S.C.R.

A   (Mauras College and its students), following two questions arise
    for our consideration:

       (i) Whether the notification dated 6.3.2009 issued under
  Section 10(4)(b) of the Act entering the Maruas College,
B Mauritius and its BOS degree, at Sl.No.96 in the Ill Schedule
  to the Act is valid?

         (ii) Whether the BOS graduates from Mauras College
  affiliated to Bhavnagar University, Gujarat have to take the
  screening test under the OCI Screening Regulations, 2009, for
C recognition of their BOS degrees in India?

    Re : Question (i)

         11. Though Mauras College is situated outside India, the
    BOS students of the Mauras College who successfully complete
O   the course of study and pass the examination conducted by the
    Bhavnagar University possess the dental qualifications
    awarded by an authority in India (namely Bhavnagar University).
    They do not possess any dental qualification awarded by an
    authority or institution outside India. The notification dated
E   6.3.2009 which places Mauras College in Part Ill of the Schedule
    to the Act proceeds on the basis that BOS degrees granted
    by Bhavnagar University to the students who have undergone
    the course of study at Mauras College, Mauritius, are dental
    qualifications granted by an institution/authority outside India,
F   even though the degree (dental qualification) is granted by a
    University in India. The notification further restricts the
    recognition only to the BOS degrees of the batch of Indian
    students admitted to academic sessions 2003-04 and 2004-
    05 in Mauras College but not the degrees granted during
G   subsequent batches.

       12. Section 10(4) of the Act will apply only if the dental
  qualification is granted by an authority or institution outside India,
  and as a consequence, such qualification will have to be listed
H under Part Ill of the Schedule to the Act. The respondents do
 SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 833
   OF INDIA AND ORS. [R.V. RAVEENDRAN, J.]
not dispute the fact that the BDS examinations for the students        A
of Mauras College are held by Bhavnagar University and the
degrees are also granted by Bhavnagar University and not by
any authority or institution outside India. So long as the Mauras
College is affiliated to Bhavnagar University and the said
University is the examining body and is the authority which            B
grants the BDS degree dental qualification to the students of
Mauras College, Section 10(4) and Part-Ill of the Schedule to
the Act will not apply. As Bhavnagar University is not an
authority outside India, the dental qualifications granted by it
cannot be included in Part Ill of the Schedule to the Act even if      c
the college/institution affiliated to the said University is outside
India. Therefore the notification dated 6.3.2009 is illegal being
contrary to and violative of section 10(1) and (4) of the Act and
liable to be struck down.

Re : Question (ii)                                                     D

      13. A 'recognized dental qualification' could be either (i)
a dental qualification granted on completion of a course of study
 in an institution (University or deemed University) whose dental
 qualification is recognized by the Central Government; or (ii) a      E
 dental qualification granted by an authority (whose dental
 qualifications are recognized by the Central Government) to
 those who undergo a course of study in an affiliated dental
 college/institution, which was established with the previous
 permission of the Central Government. Thus where the dental           F
qL!alification is granted by an authority (that is, a University in
 India) to which several dental colleges are affiliated, the term
"recognized dental qualification" refers to the dental qualification
granted by a University (whose dental qualifications are
recognized by the Central Government) by undergoing a course           G
of study in an affiliated college or institution established with
the prior permission of the Central Government.

     14. Recognized dental qualifications granted by authorities
or institutions in India are enumerated in Part I of the Schedule
to the Act; the recognized dental qualifications granted by            H
    834      SUPREME COURT REPORTS                  [2010] 11 S.C.R.


A authorities or institutions outside India (only for the purpose of
  registration of Indian citizens when the Register is first prepared
  under the Act) are enumerated in Part II of the Schedule to the
  Act; and the recognised dental qualifications granted by any
  authorities or institutions outside India only when granted to
B citizens of India, are enumerated in Part Ill of the Schedule.
  Having regard to the provision of sub-sections (1) and (4) of
  Section 10 of the Act, if a dental college is situated outside
  India but the authority which grants the dental qualification in
  regard to students of that College is in India, recognition of the
c dental qualifications will be governed by Section 10(1) and will
  have to be enumerated in Part I of the Schedule. For this
  purpose, the dental qualifications granted by the Authority
  should be recognized by the Central Government and the
  Institution/College where the course of study is conducted
  should have the prior permission of the Central Government for
0
  offering such course of study. Such recognition and permission,
  when granted to the University and College respectively results
  in the University (Authority) and the affiliated College
  (institutions) being included in Part-I of the Schedule to the Act.

E      15. If the dental qualification is not being granted by any
  authority or institution in India, then the dental qualification will
  not be recognized under section 10(1) or (2) of the Act and
  consequently will not be included under Part-I of the Schedule
  to the Act. If the dental qualification is granted by an authority
F or institution outside India is recognized under section 10(4)
  and is included in Part-Ill of the Schedule, a citizen of India
  possessing such qualification shall be entitled to registration
  under the Dentists Act.

G        16. The dental qualification granted by the Bhavanagar
    University, that is, Bachelor of Dental Surgery - shown by the
    abbreviation "BOS (Bhavnagar)", granted on or after 3.7.2004,
    in regard to its affiliated College - Manubhai Patel Dental
    College and Hospital, Vadodara, Gujarat is a recognized
    dental qualification by virtue of the said University and College
H
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 835
  OF INDIA AND ORS. [R.V. RAVEENDRAN, J.]
being shown at Sl.No.62 in Part I of the Schedule to the Act.          A
The dental qualification of Bachelor of Dental Surgery obtained
by undergoing a course of study at Mauras College is not listed
in Part I against Entry No.62 relating to Bhavnagar University.
Though the recognition of the dental qualification by the Central
Government is with reference to the University (Authority) which       B
grants it, Part I of the Schedule makes it clear that in regard to
dental qualification granted by an Indian University, the affiliated
College/Institution where the course of study is undergone
should have prior permission of the Central Government

      17. Though the learned counsel for Union of India had
                                                                       c
submitted during the hearing of WP(C) No.57/2006 before this
Court that Mauras College was having the requisite
infrastructure and recognition may be given, the final order of
this Court dated 13.7.2009 contained only a direction in regard
to affiliation to Bhavnagar University. There was no direction         D
to Central Government to recognize the Mauras College or treat
it as having the 'prior permission' of the Central Government.
As BOS degrees granted by the Bhavnagar University is
recognized only with reference to a College in Gujarat and as
Mauras College has not been included in the Second Column              E
of Entry 62 in Part I of the Schedule to the Act, Mauras College
will have to take steps to get its name entered in Entry 62 of
Part I, as an institution affiliated to Bhavnagar University for
getting the benefit of 'recognized dental qualification.'
                                                                       F
     18. The learned Additional Solicitor General appearing for
the respondents submitted that the dental students have to
undergo a specialized technical course; and that could be done
only if proper infrastructure and equipment facilities are
available in the college and the hospital attached to it, and the      G
teaching faculty are competent and qualified, so that the dent.al
graduates coming out of the college will be well-versed in dental
sciences and will be in a position to treat the citizens in a safe
and appropriate manner. He pointed out that to prevent half-
baked dentists treating dental patients, provisions have been
                                                                       H
    836      SUPREME COURT REPORTS                  [2010] 11 S.C.R.


A   made in the Dentists Act for recognizing dental qualifications
    and for holding screening tests for Indian citizens holding
    primary dental qualifications awarded by dental institutions
    outside India. He submitted that as the Mauras College is
    situated outside India in Mauritius and there is no way of Dental
B   Council and the Central Government ensuring that they possess
    and continue to possess the requisite infrastructure, equipment
    and faculty, it is necessary that the students of such a dental
    college will have to undergo the screening tests. There is no
    doubt that the doctors and dentists who are permitted to
c   practice in India should undergo appropriate courses of study
    so that they can efficiently and effectively treat the patients. But
    the issue before us is about the status of a dental qualification
    granted by a University in India in pursuance of a course of
    study undergone in an affiliated college outside India.
D        19. In view of the above, these writ petitions are allowed
    in part as follows:

         (i) It is declared that the notification dated 6.3.2009 issued
    by the Government of India, placing the BOS dental
E   qualifications granted by the Bhavnagar University in regard to
    the students of the Mauras College of .Qentistry at Mauritius, at
    Entry No.96 of Part Ill of the Schedule to the Act, is illegal and
    violative of sections 10(1) and (4) of the Act and is hereby
    quashed.
F        (ii) It is declared that dental qualification (BOS degree)
    granted by Bhavnagar University for the students of Mauras
    College of Dentistry shall not be considered to be a degree
    granted by a foreign authority or institution.

G      (iii) It is declared that BOS degrees granted by the
  Bhavnagar University to the students of Mauras College of
  Dentistry at Mauritius shall be treated as a recognized dental
  qualification granted by an authority in India governed by section
  10(1) of the Act, if Mauras College, Mauritius is added by the
H Central Government as an affiliated institution under Column (2)
SOHAM MAYANKKUMAR VYAS AND ORS. v. UNION 837
  OF !NOIA AND ORS. [R.V. RAVEENDRAN, J.]
of Entry 62 in Part I of the Schedule to the Act. In such an event,   A
the holders of such degree will be entitled to all benefits and
advantages as persons holding recognized dental qualifications
under section 10(1) of the Act and need not undergo the
screening test under the DCI Screening Test Regulations 2009.
                                                                      B
     (iv) The Central Government is directed to consider any
request that may be made by Mauras College of Dentistry,
Mauritius for inclusion of its name in Column (2) of Entry 62 of
Part I of the Schedule, in accordance with law.

       (v) Unless and until Mauras College is included as an          C
affiliated institution in Column (2) of Entry 62 in Part-I of the
Schedule to the Act, the Indian students of Mauras College of
Mauritius will have to undergo a screening test as per the first
proviso to Regulation (4) of DCI Screening Test Regulations
2009.                                                                 D

R.P                                Writ Petitions partly allowed.