Midhun Varghese Simon v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on: 03.11.2025
Pronounced on: 29.11.2025 Uploaded on: 29.11.2025 MIDHUN VARGHESE SIMON -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. Rubal Garg, Advocate for the petitioner.
Mr. Bhupender Singh, Addl. A.G., Haryana.
Mr. H.S. Gill, Advocate for the respondent No.2.
Mr. Anshul Jain, Advocate for the respondent No.3.
Mr. Manpreet Singh Longia, Advocate for the respondent No.4, *** KULDEEP TIWARI, J. (ORAL) 1.
The instant writ petition impugns the order dated 09.09.2025 (Annexure P-12), whereby the respondent No.3- Sudha Rustagi College of Dental Sciences and Research (hereinafter referred to as "College") has declared the petitioner ineligible to continue his Rotatory Internship from 30.09.2025, as per the rules and regulations of the respondent No.4Dental Council of India (hereinafter referred to as "D.C.I."). The impugned order has stemmed from the petitioner remaining unable to
complete his Bachelor of Dental Surgery course (hereinafter referred to as "B.D.S. course") within the stipulated period of 09 years, including 01 year Compulsory Rotatory Paid Internship.
2.
Assailing the impugned administrative order, learned counsel for the petitioner contends that the petitioner falls short by merely three months in completing the 01 year Compulsory Rotatory Paid Internship. It is submitted that the delay is not due to any fault of the petitioner, but rather attributable to the respondent No. 2- Pt. B.D. Sharma University of Health Sciences, Rohtak (hereinafter referred to as "University"), which conducted the examinations belatedly and announced the results after an undue interval. Therefore, the petitioner, who made all genuine efforts to complete the B.D.S. course within the stipulated period of 09 years, should not suffer prejudice due to the University's failure to timely schedule examinations and declare results.
3.
Conversely, learned counsel for the respondent No.2University contends that no delay is attributable to the University. It is submitted that the petitioner had to re-appear in nearly all B.D.S. examinations and was afforded a total of 15 opportunities to clear them. Since passing these examinations is a precondition to undertaking the Rotatory Internship, the petitioner's inability to clear them within the stipulated timeframe renders him ineligible to continue the internship. 4.
Refuting the claim of the petitioner, learned counsel for the respondent No.4- D.C.I. submits that the B.D.S. Course Regulations, 2007 (hereinafter referred to as "Regulations of 2007"), as framed and notified
by the D.C.I., unequivocally stipulate that a student who does not clear the B.D.S. Course in all subjects within 09 years from the date of admission, inclusive of the 01 year Compulsory Rotatory Paid Internship, is liable to be discharged from the course. It is pointed out that although the petitioner has not challenged the apposite Regulation contained in the Regulations of 2007, the constitutional validity thereof has already been tested by a Division Bench of this Court in CWP-17801-2024, titled "Jasleen Kaur Vs. State of Punjab and Others", Decided on: 31.07.2024, and the same has been held to be intra vires. Although the decision rendered in Jasleen Kaur's case (supra) has been assailed before the Hon'ble Supreme Court, the same is pending consideration. Consequently, the petitioner cannot claim entitlement to any extension beyond the maximum permissible period of 09 years. 5.
To lend vigour to his submissions, learned counsel for the respondent No.4- D.C.I. also places reliance upon the verdict dated 12.08.2024, drawn by a LPA Bench of this Court in LPA-1895-2024, wherein also, no extension was granted for completion of the Compulsory Rotatory Internship.
6.
This Court has heard the submissions advanced by learned counsel for the contesting litigants and also made a studied survey of the record.
7.
The fulcrum of the present case is the Regulations of 2007, wherein becomes engraved the timeframe of 09 years for completion of B.D.S. Course by students. The Regulations of 2007 were notified on
27.04.2015, i.e. prior to admission of the petitioner in the B.D.S. course, and thus fully govern the petitioner's case. The relevant Regulation is extracted hereunder:- "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."
8.
The constitutional vires of the hereinabove extracted Regulation has already been tested and affirmed by a Division Bench of this Court in Jasleen Kaur's case (supra). Although the verdict of the Division Bench has been assailed before the Hon'ble Supreme Court, it has been pending consideration and it has neither been stayed nor set aside. Therefore, in the backdrop of the above legal position, this Court now needs to examine whether the delay in completion of the B.D.S. Course is attributable solely to the petitioner, or whether any part of the responsibility lies with the University, as alleged. 9.
The schedule of annual examinations and supplementary examinations appertaining to the B.D.S. course for the sessions 2017-18 to 2024-25 has been supplied to this Court by learned counsel for the respondent No.2- University by annexing it as Annexure R-2/1 with his reply dated 30.10.2025. The relevant schedule is extracted hereunder:- Sr.
No.
University Schedule Class Annual Exam Schedule provided by Dean, Faculty of Dental Sciences, Rohtak Conducted in the month Result Date Supple.
Exam Schedule provided by Dean, Faculty of Dental Sciences, Rohtak Conducte d in the month 2017-18 BDS 1st August 2017 August 28.12.2017 November Feb. 2018
Year R-BD01 BD , 2017 2018-19 BDS 2nd Year July 2018 August 31.01.2019 R-BD04 BD05 BD06 BD07 BD08 Nov. 2018 March 2019-20 BDS 2nd Year July 2019 August 18.11.2019 R-BD05 BD06 Nov. 2019 Jan. 2020 2020-21 BDS 2nd Year July/Aug October 11.12.2020 481/800 2020-21 BDS 3rd Year ---- Dec. 2020 Jan. 2021 2021-22 BDS 3rd Year July 2021 September 09.11.2021 R-BD11 Dec. 2021 Feb. 2022 2022-23 BDS 4th Year August 2022 August 07.11.2022 R-BD12 BD17 BD18 BD19 Dec. 2022 Dec. 2022 2023-24 BDS 4th Year July 2023 July 2023 16.11.2023 R-BD18 Nov. 2023 Jan. 2024 2024-25 BDS 4th Year Sept. 2024 October 24.12.2024 893/1600 10.
A close scrutiny of the hereinabove extracted schedule makes it vividly apparent that, for the session 2024-25, the annual examinations for the B.D.S. course 4th year were scheduled for September, 2024, but were actually conducted in October, 2024 and the result was declared on 24.12.2024. Conversely, for the previous session 2023-24, the annual examinations for the B.D.S. course 4th year were conducted on schedule in July 2023 and result was declared on 16.11.2023. 11.
At this juncture, it is deemed imperative to allude also to the time period consumed by the petitioner in clearing his B.D.S. course examinations, which is as under:- "30.09.2016 :
Admission to B.D.S. Course 03.04.2018 :
Cleared 1st Year 11.12.2020 :
Cleared 2nd Year 25.04.2022 :
Cleared 3rd Year
29.09.2024 :
8 years period lapsed 24.12.2024 :
Cleared 4th year 01.01.2025 :
Internship commenced."
12.
From the above excerpts, it is evident that the petitioner's eight-year period expired on 29.09.2024. Had his final year examinations been held in July, 2024 and the result was declared within a reasonable period, the petitioner would have been able to commence his 01 year Compulsory Rotatory Paid Internship by September, 2024 and complete it by September 2025, well within the stipulated nine years. 13.
This Court is of the opinion that adopting a mechanical and strict approach would gravely prejudice the petitioner's academic prospects, especially when he has already expended substantial effort and time in completing his B.D.S. course examinations. The failure of the respondent No.2- University to adhere to an appropriate examination schedule cannot be allowed to jeopardize the petitioner's career or future professional prospects.
14.
In summa, the instant writ petition is allowed and the impugned order is set aside. The petitioner is permitted to complete the remaining period of his 01 year Compulsory Rotatory Paid Internship, of which he was short by only three months at the time of issuance of the impugned order.
(KULDEEP TIWARI) November 29, 2025 JUDGE devinder Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No