Rajatdeep Singh v. Pt B.D. Sharma University Of Health Science Thr Its Vice Chanclellor & ORS




   
  








 





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Page 2 of 6

 


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'Rohit Kumar 4 Pt. B.D. Sharma University of Health Sciences, Rohtak and others

 


'Rajatdeep Singh 4 Pt. B.D. Sharma University of Health Sciences, Rohtak and others  




 '  Zorinpuii Ralte 4 Pt. B.D. Sharma University of Health Sciences, Rohtak and others, 

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 '  Ravleen Kahlon and Another 4 State of Haryana and others,  





 '  Mohit Saroha 4 State of Haryana and others,  '''% ' 1% 5/+6 

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+9 @8+ ' !!-A;%/)   , !- !!-%@any student who does not clear the first BDS University Examination in all subjects within 3 years from the date of admission, shall be discharged from the Course."

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Page 3 of 6 * '  '  $ 9  B $C;    7    9-   ; 8+ ' !", 9  @8+ '  !",A;  , !

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2 "Any student who does not clear the BDS Course in all the subjects within a period of 9 years, including one year Compulsory Rotatory paid Internship from the date of admission shall be discharged from the Course."

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Page 4 of 6 State of Kerala and othersWP (C) No. 18090 of 2016 (I) "- "

!":( + 7( + 7 /) 1+ 9 +/7;Bhakti4 State of Maharashtra and othersWrit Petition No. 13510 of 2017 !:

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#  //)'0  / '/')8+ ' !",%'2 "30. The principles of interpretation of statute are well settled. Normally, the court has to interpret the statute as per the literal meaning of the words used. The words are to be understood as they are used in the light of the object of the enactments. The statutes and the amendments

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Page 5 of 6 are prospective in nature. However, the amendments in the form of declaratory nature or the amendments effected for substitution of the original provisions have to be construed as applicable from the date of the earlier provisions. Till the introduction of the amendment, the old provision will prevail, but from the date of amendment, the old provision will no more exist and will not govern anybody.

31. In the present case, the old provision provided for condition to pass out 1st year BDS within three years. Those who have not passed out 1st year BDS examination within three years before the amendment dt. 27.04.2015 will be governed by the old provisions and will have no right to take advantage of the new provisions. However, the students who are studying in 1st year BDS and have failed one or two times but have not yet completed period of three years before amendment will be entitled to benefit of amended provisions. If on the date of amendment, they are still studying without completion of period of three years of 1st year BDS they will be governed by the amended provisions which are in the nature of substitution.

32. The old provisions will become non­existent. The petitioners in this case belong to this category. They have joined the college in September­2014 and were still in BDS on the date of amendment on 27.04.2015 but they have not completed period of three years in first year BDS. Thus, they were not disqualified under the old provisions. We therefore hold that their subsequent failure to complete first year BDS in a period of three years from the date of their admission will not affect their right of pursuing the studies. They will be governed by new provision which provides that they will have to complete the entire course including internship within a period of nine years. The amended provision will be applicable to all students studying B.D.S. Course as on 27.04.2015 if they were not cleared or disqualified earlier as per old provision.

33. It is axiomatic that, the students who have completed first year BDS within a period of less than three years before introduction of amendment dt. 27.04.2015, would not be further subjected to new condition that the entire course will have to be completed by them within nine years. DCI in communication dt.28.04.2017 has rightly clarified that, the students who have fulfilled earlier condition will not be subjected to fulfill another condition.

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Page 6 of 6

34. The Secretary to DCI in communication dt. 19.01.2016 based on discussion and deliberation with the members of DCI has taken a stand that the students who have joined before 27.04.2015 would be governed by the old provisions. This stand is contrary to the basic rules of interpretation of statutes as explained in various supreme court rulings. Merely because the petitioners had joined BDS course on 01.09.2014, they will not be continued to be governed by the old provision which in view of the substitution is no more in existence. Therefore, the said communication will not affect the interpretation of the amended provisions. Similarly, the communication dt. 06.11.2017 made by Maharashtra University of Health Sciences, Nashik, based on the communication by DCI holding the present petitioners as ineligible for the examination of Winter2017, is not sustainable and needs to be quashed.

35. In the light of the above findings, we allow the writ petitions and direct respondents no. 3, 4 & 5 to allow the petitioners to prosecute their BDS course and to appear for the examinations to be held without considering the time limit fixed before the amendment dt. 27.04.2015 but subject to the time limit fixed by amendment dt. 27.04.2015. We direct the respondents not to cancel the admissions of the petitioners by applying the provisions of time limits as per provision existing before the amendment." $+ '%'/6/)J' 1+ Abdul Rahim (Supra) *   %    ''  %   /) ''%
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  =J)   Whether speaking / reasoned :

Yes / No Whether Reportable :

Yes / No