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2015 DIGILAW 242 (JK)

Waqar Ahmad Wani v. Union of India

2015-05-13

ALI MOHAMMAD MAGREY, N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : N. Paul Vasantha Kumar, J. 1. This appeal is filed against the order of the learned Single Judge made in SWP No. 2210/2013, dated 31.10.2014 wherein the appellant has sought for directions to the respondents to register of his BDS degree obtained from College of Dentistry, University of Health Sciences, Lahore, Pakistan, before the Dental Council of India, which was turned down on the ground that he has not passed the screening test prescribed for registering a person who obtains a degree from the Universities outside the country. The grievance of the appellant before the learned Single Judge was that he having applied before the Dental Council of India and his application having been kept pending, and during the pendency of the application the D.C.I. Screening Test Regulations 2009, having come into force, requiring passing of the screening test for registering the degree, the same should not be made applicable to the case of the appellant and without passing the screening test his name should be directed to be registered. 2. Mr. S.A. Makroo, the learned counsel appearing for the Dental Council of India stated that the Dental Council of India having passed the order insisting for passing of the screening test during the pendency of the application of the appellant, his name having not been registered, it is necessary for him to pass the screening test. Learned counsel also stated that there is no provision of granting exemption to any candidate and the application of the appellant was already rejected, and in view of the said fact the learned Single Judge dismissed the writ petition. 3. The Hon'ble Supreme Court of India in the decision reported in AIR 1981 SC 711 , (State of Tamil Nadu v. M/s. Hind Stone) has considered the applicability of the rule which has to be considered on the date of consideration of the application and held that all pending applications shall be considered only on the basis of amended Rules. In the light of the said legal position, we are unable to find any reason to interfere with the order of the learned Single Judge. The appeal is dismissed. In the light of the said legal position, we are unable to find any reason to interfere with the order of the learned Single Judge. The appeal is dismissed. However, this order will not preclude the appellant to appear in the screening test and if any application is submitted within the prescribed time the Dental Council of India shall allow the appellant to appear in the screening test as per rules and on passing the screening test the appellant's name shall be registered in Dental Council of India. No costs.