Dr.Delsa Mariam Raju v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2025
CORAM:
THE HONOURABLE MRS. JUSTICE N.MALA Dr.Delsa Mariam Raju ... Petitioner Vs
1. Union of India Rep.by its Secretary, Health & Family Welfare Nirman Bhavan New Delhi - 110 011.
2. Dental Council of India Rep.by its Secretary, Aiwan - E - Ghilab Marg, Kotla Road, New Delhi 110 002.
3. Tamil Nadu Dr.MGR Medical University Rep.by its Registrar, 69, Anna Salai, Guindy, Chennai 600 032.
4. M/s.Rajas Dental College & Hospital Rep.by its Chairman, Kavalkinaru Junction Tirunelveli District - 627 105.
5. Kerala Dental Council 1/6
Rep.by TC-27/741 3, P.O., Ambalathumukku, Vanchiyoor Thiruvananthapuram, Kerala 695 035. .... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the 5th respondent to issue a Certificate of Registration as a Dentist under the Dentists Act, 1948 within a stipulated period of time.
For Petitioner : M/s.K.Nivetha For Respondents : Mr.K.S.Jeyaganeshan Senior Panel Counsel for R1 Mr.Subramanian Vaidhyanathan for R2 Mr.G.Arumugam Standing Counsel for R3 No appearance for R4 Mr.Salai Varun for R5
O R D E R
This writ petition has been filed for issuance of a writ of mandamus to direct the 5th respondent to issue a Certificate of Registration as a Dentist under the Dentists Act, 1948. 2/6
2. The petitioner successfully finished her BDS from a reputed college. Subsequently, she decided to pursue her Masters (MDS). After completing her BDS she had appeared for NEET-MDS 2019 and successfully qualified in the examination, obtaining an all India Rank of 1564. In the counseling for admission to MDS courses, she selected MDS (Periodontology) and was allotted a seat in the 4th respondent College. The petitioner successfully completed her MDS course. In spite of having completed the course and received a recognised degree from the third respondent, the fifth respondent did not recognise the same. Therefore the petitioner filed the above writ petition.
3. From the averments made in the writ petition it is clear that the relief is claimed only against the fifth respondent, therefore the jurisdictional Court will be the Kerala High Court, to consider the prayer of the petitioner. Hence, in my view the writ petition is not maintainable before this Court as no relief is sought against other respondents. Under the circumstances, the petitioner is given liberty to approach the Kerala High Court for the relief sought in the writ petition. 3/6
4. With the above direction, the writ petition is disposed of. No costs.
19.02.2025 (3/5) dpq Index: Yes/No Speaking order / Non speaking order To 4/6
1. Union of India Rep.by its Secretary, Health & Family Welfare Nirman Bhavan New Delhi - 110 011.
2. Dental Council of India Rep.by its Secretary, Aiwan - E - Ghilab Marg, Kotla Road, New Delhi 110 002.
3. Tamil Nadu Dr.MGR Medical University Rep.by its Registrar, 69, Anna Salai, Guindy, Chennai 600 032.
4. M/s.Rajas Dental College & Hospital Rep.by its Chairman, Kavalkinaru Junction Tirunelveli District - 627 105.
5. Kerala Dental Council Rep.by TC-27/741 3, P.O., Ambalathumukku, Vanchiyoor Thiruvananthapuram, Kerala 695 035.
N.MALA, J.
dpq 5/6
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