Dr. V.V. Madhavan v Union of India, Registrar, Dental Council of India, and Registrar, Kerala Dental Council

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **MONDAY, THE 9TH DAY OF OCTOBER 2017/17TH ASWINA, 1939** **WP(C).No. 15031 of 2012 (D) ----------------------------** ## **PETITIONER(S): -------------** **DR.V.V. MADHAVAN, S/O.AYYAPPU, PREETHA DENTAL CLINIC, REVATHY COMPLEX, GURUVAYOOR P.O., CTHRISSUR-680101** **BY ADV. SRI.DILIP J. AKKARA** ## **RESPONDENT(S):** - **--------------** **1. UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH, NEW DELHI-110002.** **2. REGISTRAR, DENTAL COUNCIL OF INDIA, AIWAN-E-GALIB MARG, KOTLA ROAD, NEW DELHI-110002** **3. REGISTRAR, KERALA DENTAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM-695035.** **R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 BY SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA SRI.TITUS MANI VETTOM, SC, DENTAL COUNCIL OF INDIA R2,R3 BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **EL** **WP(C).No. 15031 of 2012 (D)** ## **----------------------------** ## **APPENDIX** |**PETITIONER(S)' EXHIBITS**|**PETITIONER(S)' EXHIBITS**| |---|---| |**-----------------------**|| |**EXT.P1**|**PHOTOCOPY OF PETITIONER'S CERTIFICATE OF REGISTRATION BY**| ||**REGISTRAR, REGISTRATION TRIBUNAL,PUDUCHERRY DATED**| ||**15-09-2009**| |**EXT.P2**|**PHOTOCOPY OF THE NOTIFICATION NO.704/H5/HEALTH/2009 OF**| ||**THE GOVERNMENT OF PUDUCHERRY DATED 18-12-2009**| |**EXT.P3**|**PHOTOCOPY OF THE JUDGMENT DATED 13-7-11 IN W.P.(C)**| ||**15344/11.**| |**EXT.P4**|**PHOTOCOPY OF THE ORDER NO.E.1996/2011/DC/W.P DATED**| ||**24-12-11 OF 3RD RESPONDENTS**| |**EXT.P5**|**PHOTOCOPY OF THE LETTER NO.007/SDC/CDE/2011-12 DATED**| ||**4-11-11 OF THE REGISTRAR OF STATE DENTAL COUNCIL GOVT. OF**| ||**PUDUCHERRY.**| |**EXT.P6**|**PHOTOCOPY OF THE CERTIFICATE NO.001/SDC/Gen/2010-11/39**| ||**DATED 06-02-12 ISSUED BY THE REGISTRAR DENTAL COUNCIL**| ||**GOVT.OF PUDUCHERRY.**| |**EXT.P7**|**PHOTOCOPY OF APPLICATION FOR TRANSFER OF REGISTRATION**| ||**WITH COVERING LETTER DATED 06-02-12 ISSUED TO 2ND**| ||**RESPONDENT.**| |**EXT.P8**|**PHOTOCOPY OF THE ORDER DATED 07-03-12 ISSUED BY SECRETARY**| ||**DENTAL COUNCIL OF INDIA.**| **RESPONDENT(S)' EXHIBITS ----------------------EXT.R2/1 A TRUE COPY OF THE RELEVANT PROVISIONS OF THE DCI ACT, 1948** **TRUE COPY** **EL** **P.S. TO JUDGE** ## K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 15031 of 2012 - - - - - - - - - - - - - - - - Dated this the 09[th] day of October, 2017 ## J U D G M E N T The petitioner is aggrieved by Ext.P8 order passed by the Dental Council of India refusing transfer of registration from Puthuchery to Kerala. The petitioner obtained temporary registration under the Dentists Act, 1948 under Part B of the Register maintained by the Puthuchery State. The petitioner applied for a registration before the Registration Tribunal, Puthucherry constituted under sub-section(1) of Section 32 of the Dentists Act, 1948 (hereinafter referred to as “Act of 1948), which was rejected. An appeal was filed which was allowed as evident from Ext.P2 notification. The appellate authority allowed the appeal and directed the Registration Tribunal to grant **WP(C).15031/2012** 2 temporary registration to the petitioner for the period 21.05.1982 to 20.05.1987 and then a permanent registration with effect from 21.05.1987. The temporary registration issued is produced as Ext.P1. 2. The petitioner wanted to transfer his practice to the State of Kerala so as to settle down in his native place and hence filed an application before the Dental Council of India. The procedure required him to surrender the certificate before the Puthucherry Dental Council and obtain a certificate, indicating that there is no pending disciplinary proceedings against him. The Puthucherry Dental Council was not functioning for reason of a stay granted by the High Court of Madras. The petitioner filed a writ petition before this Court and contented based on Section 46 of the Act of 1948 that persons registered as Dentists under Part A or B could practice as such in any other State and the requirement only is for getting a transfer of registration to **WP(C).15031/2012** 3 the State in which he intends to practice. As of then, the functioning of the Puthucherry Dental Council was stayed by the Madras High Court and there was no possibility of his getting transfer or a certificate of surrender from that Council was the submission. 3. This Court by Ext.P3 judgment, directed the petitioner to produce his credentials before the Kerala Dental Council who was directed to consider the issue. When the petitioner approached the Kerala Dental Council, Ext.P4 order was passed directing the petitioner to get his registration duly transferred to Kerala Dental Council as required under Section 46(a) of the Act of 1948. The Kerala Dental Council also made inquiries about the Puthucherry Dental Council and it was informed that it was functioning. Hence the petitioner approached the Puthucherry Dental Council and surrendered his certificate and applied for transfer. The Puthucherry Dental **WP(C).15031/2012** 4 Council, by Ext.P6 dated 06.02.2012, issued the certificate that the certificate was evidencing original registration surrendered and that no disciplinary proceeding is pending against the petitioner. The petitioner armed with the same, approached the Dental Council of India which met with Ext.P8 order. In Ext.P8, the specific contention taken up by the Dental Council of India was that the persons registered under Part B of the Register as constituted under the Act of 1948 is not entitled to transfer his or her registration from one State to another. 4. The learned Standing Counsel for the Dental Council of India also contended that there could be no such transfer made of persons included in Part B for reason of those included in Part B having no formal qualifications to practice as dentists. 5. Though specific contention was raised against the transfer of a person included in Part B of the register from one **WP(C).15031/2012** 5 State to another there is no such restriction seen in the Act of 1948 produced at Ext.R2(1). True the registration under Chapter 4 speaks of the register of Dentists to be maintained in two parts being A and B. Persons possessing recognised dental qualifications are registered in Part A and persons not possessing such qualifications are registered in Part B. Section 32 provides for constituting a Registration Tribunal for making inclusions in the two parts and for first preparing registers of dentists. Section 46(5) reads as hereunder:- 46(5): Any person who is a registered dentist, registered dental hygienist or registered dental mechanic in a State may practice as such in any other State. 6. A learned Single Judge of this Court in 2017 (1) KLT 565 (Unnikrishnan v. State of Kerala) noticing Section 46 (5) held that the persons registered as a Dentist in any of the **WP(C).15031/2012** 6 States, shall be entitled to practice in another State on the basis of such registration. 6. With respect to the transfer of registration, 2002(2) KLT 19 (Ramesan v. Dental Council of India) is relevant. Therein a person who was granted transfer by the Dental Council of India was refused registration under Part B by the Kerala State Dental Council. The Division Bench of this Court found that the Dental Council of India had allowed the transfer of registration as permitted under Section 46A and there could be no denial by the State Council. Section 46A enables transfer of registration of any person practicing dentistry in another State, on payment of prescribed fee and making application in the prescribed form before the Council; for transfer of registration from one State to another. The Council is also obliged to consider the same notwithstanding anything contained in the Act, subject only to the two provisos. The first **WP(C).15031/2012** 7 proviso deals with satisfaction of all dues with respect to the registration in the former State for which he is required to produce a certificate. The second proviso deals with any pending disciplinary proceedings in the former State and a rejection being possible only if it appears to the Council that the application for transfer has not been made bonafide. 7. In the present case, there is no question of the petitioner's application being considered as anything but bonafide. The petitioner is a person who is registered under the Puthucherry Dental Council from which Ext.P6 communication has been issued evidencing surrender of his original certificates and there is also no disciplinary proceedings pending against him. The learned Counsel for the Dental Council of India would contend that the registration itself was not produced and Ext.P1 is only a provisional registration. There is no substance in the said contention since Ext.P2 makes it clear that the petitioner's **WP(C).15031/2012** 8 registration was issued retrospectively; temporarily for a period between 21.05.1982 to 20.05.1987 and then, permanent registration with effect from 21.05.1987. The permanent registration obtained by him was obviously surrendered before the Puthucherry Dental Council, which is evidenced by Ext.P6. The finding of the Dental Council that persons who are registered in Part B are not eligible for transfer is not one emanating from the various provisions under the Act of 1948. There being no restriction under the Act of 1948, of transfer of Dentists registered under Part B; Ext.P8 has to be set aside. 8. It is submitted that the petitioner has been returned the original certificate issued under Section32 (4) of the Act, by the Puthuchery Dental Council on the refusal to transfer registration . In such circumstance, the petitioner would again surrender his certificate before the Puthcherry Dental Council and obtain a certificate of no dues and no **WP(C).15031/2012** 9 disciplinary proceedings and make an application before the Dental Council of India. The DCI shall consider the application in accordance with the law declared herein above. With the above observation writ petition would stand disposed of. No cost. Sd/- - (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge