SOHAM MAYANKKUMAR VYAS AND ORS. versus UNION OF INDIA AND ORS.

SOHAM MAYANKKUMAR VYAS AND ORS. versus UNION OF INDIA AND ORS.

Dental qualifications granted by Bhavnagar University to students of Mauras College, Mauritius, are not degrees granted by a foreign authority because the examining and granting body is in India. Section 10(4) and Part III of the Schedule do not apply. Until Mauras College is included in the Schedule as an affiliated institution, its Indian students must undergo screening tests as per the DCI Screening Test Regulations, 2009.

Parties
Petitioner: Soham Mayankkumar Vyas and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
28 September 2010
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Writ petitions partly allowed
Legal Topics
Recognition of Educational Qualifications, Affiliation of Foreign Colleges, Dentists Act 1948, Screening Test Regulations
Education Law Health Law Recognition of Educational Qualifications Affiliation of Foreign Colleges Dentists Act 1948 Screening Test Regulations

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Parties

Soham Mayankkumar Vyas and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the notification dated 6.3.2009 issued under s.10(4)(b) of the Dentists Act, 1948 entering Mauras College, Mauritius and its BOS degree in Part III of the Schedule is valid
  2. 2 Whether BOS graduates from Mauras College affiliated to Bhavnagar University must take the screening test under DCI Screening Regulations, 2009 for recognition of their degree in India

Ratio Decidendi

Dental qualifications granted by Bhavnagar University to students of Mauras College, Mauritius, are not degrees granted by a foreign authority because the examining and granting body is in India. Section 10(4) and Part III of the Schedule do not apply. Until Mauras College is included in the Schedule as an affiliated institution, its Indian students must undergo screening tests as per the DCI Screening Test Regulations, 2009.

Court Disposition

Writ petitions partly allowed

Orders

  • Notification dated 6.3.2009 placing BOS qualifications from Mauras College, Mauritius in Part III is quashed as illegal and violative of s.10(1) and (4) of the Dentists Act.
  • BOS degree granted by Bhavnagar University to students of Mauras College shall not be considered a foreign degree.