SC ruling on dental students' right to practise in India

Updated on: Wednesday, November 03, 2010

Dental students from colleges established abroad who are awarded degrees by authorities in India can practise in the country without undergoing any
screening test unlike others passing out of foreign universities, the Supreme Court has ruled.
Interpreting the Dental Council of India Screening Test Regulations 2009 rules, the apex court said the provision which mandates conduct of a screening test to students from foreign universities intending to practise in India would not apply if the degree is awarded by authorities in India.

"Though Mauras College is situated outside India, the BDS students of the Mauras College who successfully complete the course of study and pass the examination conducted by the Bhavnagar University possess the dental qualifications awarded
by an authority in India.

"They do not possess any dental qualification awarded by an authority or institution outside India," a Bench of Justices R V Raveendran and H L Gokhale said in a judgement.

The apex court passed the judgement while upholding the appeal filed by certain students of Mauritius-based Mauras College of Dentistry Hospital and Oral Research Institute challenging the insistence of the Dental Council of India (DCI) that they should undergo mandatory screening tests.

The argument of the students was that the college though established in Mauritius was affiliated to the Bhavnagar University, Gujarat, recognised by it and the DCI and that the degree was also awarded by the Indian authorities.

Upholding their plea, the apex court said the DCI regulations for screening test under Sections 20 and 10(4)/(5) was applicable only to those Indian citizens possessing a primary dental qualification/PG diploma/post graduate dental qualification awarded by any dental institution outside India.

"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 under Part III of the Schedule to the Act," the Bench said.

According to the apex court, as long as Mauras College is affiliated to Bhavnagar University and the said institution grants BDS degree to the students of Mauras College, Section 10(4) and Part-III of the schedule to the Act will not apply to it.

SC ruling on dental students' right to practise in India

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