Justice K. Surendra Mohan while dismissing the Writ Petition filed by the BDS Students who have failed to clear all the subjects of the II Year viewed that:

"The stipulations contained in the Rules/regulations and the Corrigendum Notification Dated 21.5.2013 issued by the Kerala University of Health Sciences are higher standards since they stipulate that only a student who has passed in all the subjects of the II BDS examinations shall be allowed to attend the classes of the III year BDS. 

The said stipulation is insisted upon with the object of ensuring that students who are permitted to attend on patients and to treat them, under the supervision of their teachers, are persons who have acquired proficiency in all the theory subjects by obtaining pass marks in the II BDS Examinations. The said stipulations are not in conflict with the revised BDS regulations framed by the Dental Council of India.

In view of the fact that prescription of a higher standard does not constitute repugnancy, the challenge against regulations has to fail, the Court Said.

The central professional regulatory bodies like the Dental Council of India prescribe only the minimum standards that are to be scrupulously adhered to. The Union Parliament being sufficiently empowered under Entry 66 List I of the Constitution, the Central enactment prescribing such standards, as well as the regulations framed under such enactment would prevail over any enactment or regulations framed thereunder in exercise of the power under Entry 25 List III, in cases of repugnancy. 

However, since the central regulatory body like the Dental Council of India frames only the minimum standards, it is open to the State Government as well as the Universities to frame regulations prescribing higher standards of excellence. Prescription of such higher standards cannot be said to constitute repugnancy with the regulations framed under the Central enactment. 

Therefore, any attack on a regulation framed under a State enactment would have to fail where it is found that what are prescribed are higher standards."

Facts of the Case

The petitioners are all students of different Dental Colleges pursuing their studies in the degree course of Bachelor of Dental Surgery ('BDS' for short). They are persons who have failed to clear all the subjects of the II Year BDS. They had appeared for the Supplementary Examinations of the second year also and have failed. Some of the petitioners had joined the course in the year 2010. Others have joined the course in the year 2011. They could pass their I Year examinations only in their supplementary examinations. For such persons who qualify only through the supplementary examinations, a supplementary batch is formed by the different colleges. They all are in the supplementary batch.

The third year BDS classes have commenced on 11.6.2014. However, the petitioners have not been permitted to attend the III year BDS classes for the reason the they have not passed all the subjects of their II year BDS examinations. As per the Regulations of the University, they would be permitted to attend the III year BDS classes only after they pass in all the papers of the II year BDS. 

According to the petitioners, they are ready to appear for the supplementary examinations that are scheduled to be held during the course of the academic year 2014-2015. Even if they clear all the papers of the II year BDS examinations, they would not be in a position to appear for the III year BDS examinations during the current academic year if they are prevented from attending the classes of the III year BDS for the reason that they would not be able to secure 75% attendance, which is necessary to be eligible to appear for the examination. 

If they are not able to appear for the III year examinations during the current year, they would lose one more year, it is pointed out. Such a consequence would be unjust and would prejudicially affect the future prospects of the petitioners, it is contended. 

Therefore, they seek the issue of appropriate directions permitting them to attend the III year BDS classes. They also challenge the Regulations of the University and contend that the Regulations in so far as they prevent students who have not passed in all the subjects of the II year BDS from attending the III year classes, are arbitrary, unsustainable and liable to be set aside. 

Senior Advocate O.V. Radhakrishnan, Advs. M.P. Prakash,  K.M. Augustine appeared for the Petitioner. 

Repondents Kerala university of health sciences, represented by its registrar, medical college p.o., trissur, pin - 680 596, Dental council of india represented by the secretary aiwan-e-galib marg, kotla road new delhi -110 002, State of kerala represented by its secretary to government department of health and family welfare government secretariat, thiruvananthapuram pin - 695 001, Pariyaram dental college represented by its principal pariyaram medical college p.o., pariyaram, kannur, pin - 670 503, Kannur dental college represented by its principal, anjarakkandy p.o., kannur district pin - 670 612, Central international institute of dental sciences and research centre, kasaragode, represented by its principal thekkil bridge, poinachi p.o., kasaragode, pin - 671 541 appeared through Adv. P. Sreekumar, Standing Counsel, Adv. Titus Mani Vettom, Standing Counsel and Govt. Pleader R. Ranjith.

Petitioner's produced examination results of the 2nd year BDS degree supplementary examination, Revised regulations of the Rajiv Gandhi University of Health Sciences, Karnataka, Ordinance issued by the Delhi University, Rules/regulations issued by the Anusandhan University, Bhuvaneswar, Rules/regulations & Corrigendum notification dated 21.5.2013 issued by the Kerala University of Health Sciences, Revised BDS regulations, 2007 & Amendment regulations issued by the Dental council of india, Rules/regulations of MBBS, BAMS, BHMS, B. Pharm, B.sc Nursing courses issued issued by the Kerala University of Health Sciences etc.