'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions

The Supreme Court in a recent order, while directing the issuance of pending degrees to graduates of MDS(Master of Dental Surgery), observed the 'dearth of Super-Speciality Doctors' in the field of dentistry. 

The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged the order of the Madhya Pradesh High Court cancelling their admissions taken in 2016. 

The dispute stems from the admission cancellation order by the Regulatory Authority on the ground that the appellants, who did their Bachelor of Dental Surgery (BDS) course from the States of Karnataka, Gujarat and Maharashtra, had not participated in the counselling process and were in violation of the Top Court's 2016 order. The said order was affirmed by the appellant authority. 

The appellants then filed a writ petition before the Madhya Pradesh High Court. The High Court granted an interim stay on the cancellation orders. However, when the appellants completed their MDS Course, the division bench of the High Court later dismissed the writ petition and upheld the cancellation orders. The MDS graduates moved the Top Court challenging the same.  

The appellants were represented by Sr Advocate Kapil Sibal. Sr Advocate Saurabh Mishra appearing for the State of Madhya Pradesh and Sr Advocate Gaurav Sharma for the Dental Council of India argued that the admissions were not valid as they were backdoor entrants as they had not undergone the counselling process. 

The Court rejected the above contention and observed that the MDS admissions of other students who completed their BDS(Bachelor in Dental Surgery) from the State and the same college, who were similarly situated as the petiitoners, have not been disturbed. 

 "The fact remains that similarly circumstanced students, who have passed their BDS Course from the State of Madhya Pradesh have got their Post Graduate Degrees (MDS Course)." 

The Court further negated the argument by the respondents that the appellants had higher irregularities than those with BDS degrees from within the state and emphasized the lack of super-speciality doctors in the dental science field. The Court held that if the appellants are not regularized, their time spent on clearing the degree would go to waste and set aside the High Court order as well as cancellation orders. 

"It is commonly known that there is a dearth of super-specialty doctors even in the field of dental science. If the admission of the appellants is not regularized the education undertaken by them would go in waste. Therefore, in the peculiar facts and circumstances of the case, we are inclined to allow the appeal and quash and set aside the impugned order passed by the High Court as well as the orders passed by the Regulatory Authority and the Appellate Authority. Ordered accordingly."  

The Court allowed the appeal and directed that the appellants' admission be regularised with the issuance of necessary degrees. 

It was further clarified that the present order is only as per the peculiar facts and circumstances and cannot be treated as a precedent in any other matter. 

Case Details : IRFAN AKBANI & ORS. v. THE STATE OF MADHYA PRADESH & ORS.| SLP(C) No. 26511/2019

Citation : 2024 LiveLaw (SC) 1000

Click here to read the order