The Supreme Court, owing to peculiar facts and circumstances, has set aside the order of the Madhya Pradesh High Court while directing the issuance of pending degrees to graduates of MDS (Master of Dental Surgery) and observed the 'dearth of Super-Specialty Doctors' in the field of dentistry.

The bench of Justice B.R. Gavai and Justice K.V. Viswanathan was hearing a Special Leave Petition (SLP) filed by MDS (Master of Dental Surgery) graduates from the 2016-19 batch of dental colleges in Madhya Pradesh, challenging the order of the Madhya Pradesh High Court, which had cancelled their admissions granted in 2016.

The appeal arises out of the cancellation of admission by the Regulatory Authority of the Appellants, who had completed their Bachelor of Dental Surgery (BDS) course from the States of Karnataka, Gujarat, and Maharashtra, on the ground that they have not participated in the counselling process, which is in violation of the order passed by the Supreme Court in 2016.

The Appellate Authority also ruled in favour of the Regulatory Authority, and thus, aggrieved by the same, the Appellants filed a Writ Petition in the Madhya Pradesh High Court, where the court granted an interim stay on the cancellation orders by virtue of which the Appellants completed their MDS. However, on the completion of their course, the Writ Petition was dismissed and the High Court upheld the cancellation orders, and consequently, the Appellants filed the present appeal in the Supreme Court.

The counsel representing the appellants key contention was that their situation was similar to other students who completed their BDS in Madhya Pradesh and were allowed to complete their MDS.

Per Contrary, the counsel representing Respondents vehemently opposed the appeal on the ground that the Appellants did not undergo the councelling process, which is in violation of the order of the Supreme Court, thereby being backdoor entrants. Further, it was pointed out that the number of illegalities in cases of the appellants were higher than the number of illegalities in the case of the students who have passed their BDS from the State of Madhya Pradesh.

The bench affirmed the argument submitted by the Appellants and observed that "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 dismissed the Respondents' argument that the Appellants' cases involved greater irregularities compared to those with BDS degrees from within the state. It emphasised the critical shortage of super-speciality doctors in the field of dental science. The Court held that failure to regularise the appellants would result in their efforts and time spent on obtaining the degree going to waste. Consequently, the Court set aside the High Court's order as well as the cancellation of admissions.

The Court observed that "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."

Accordingly, the appeal was allowed and directed that the Appellants' admission be regularised with the issuance of necessary degrees.

Additionally, the Court cautioned that the aforesaid order was being passed in light of the peculiar facts and circumstances of the case and should not be treated as a precedent in any other matter.

Case Title: Irfan Akbani & Ors. v. The State Of Madhya Pradesh & Ors., SLP(C) No. 26511/2019

Advocates For Petitioner(s): Sr. Adv. Mr. Kapil Sibbal, Mr. Mandeep Kalra, AOR, Ms. Anushna Satapathy, & ors

Advocate For Respondent(s): Sr. Adv. Mr. Saurabh Mishra, AOR, Mr. Sunny Choudhary & ors