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2025 DAILYLAW 27058 (KAR)

MS. ANUBHA MAHAJAN v. THE DENTAL COUNCIL OF INDIA

WP/14966/2022 · 2025-06-10

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19722 WP No. 14966 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14966 OF 2022 (EDN-RES) BETWEEN: MS. ANUBHA MAHAJAN D/O. SUBHASH CHANDRA MAHAJAN, AGED ABOUT 31 YEARS, RESIDING AT HOUSE NO. 1234, SECTOR-16, FARIDABAD-121002, STATE OF HARYANA, STUDY DISCONTINUED AT THE OXFORD COLLEGE FOR DENTAL, PHARMACY, NURSING AND PHYSIOTHERAPY, 10TH MILESTONE, BOMMANAHALLI, HOSUR ROAD, BENGALURU-560 068. …PETITIONER (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: 1. THE DENTAL COUNCIL OF INDIA (A STATUTORY BODY CONSTITUTED UNDER THE DENTIST ACT, 1948) REPRESENTED BY ITS PRESIDENT, AIWAN-E-GALIB MARG, KOTLA ROAD, TEMPLE LANE, OPP. MATA SUNDARI COLLEGE FOR WOMEN, NEW DELHI-110 002. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19722 WP No. 14966 of 2022 2. THE VICE CHANCELLOR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041, 3. THE PRINCIPAL THE OXFORD COLLEGE FOR DENTAL, PHARMACY, NURSING AND PHYSIOTHERAPY, 10TH MILESTONE, BOMMANAHALLI, HOSUR ROAD, BENGALURU-560 068. …RESPONDENTS (BY SRI. ADITYA BHAT, ADVOCATE FOR R1; SMT. FARAH FATHIMA, ADVOCATE FOR R2; VIVEK HOLLA, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 MANAGEMENT TO TAKE STRICT ACTION/IMPLEMENT THE RECOMMENDATION MADE BY THE DENTAL COUNCIL OF INDIA DATED 07.10.2020 WHEREIN DIRECTED THE MANAGEMENT TO ISSUE STRICT WARNING TO DR.A.R.PARDEEP,DEAN AND DIRECTOR,OXFORD DENTAL COLLEGE,BENGALURU,FOR NOT PROVIDING CONDUCIVE ENVIRONMENT TO DR.ANUBHA MAHAJAN AND GETTING THE MATTER ENQUIRED BY SENIOR PROFESSOR/HODS OF OTHER DEPARTMENT FOR TIMELY SETTLEMENT - 3 - HC-KAR NC: 2025:KHC:19722 WP No. 14966 of 2022 OF GRIEVANCES AND FURTHER TO TAKE APPROPRIATE ACTION AGAINST THE CULPRITS FOR SITTING OVER THE PETITIONERS COMPLAINT OF HARASSMENT AND BULLYING AND NOT PROPERLY INVESTIGATING THE MATTER TO PUNISH THE CULPRITS,WHICH IS PRODUCED AND MARKED AS ANNEXURE-R; DIRECT THE R3 TO REFUND THE ADMISSION/COURSE FEE COLLECTED FROM THE PETITIONER WITH BANK RATE OF INTEREST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who enrolled herself for Post Graduation in Dental Science with the Department of Paedodontics and Preventive Dentistry with the third respondent in the year 2016, has filed this petition for directions to the Institution to take strict action against some of its staff in terms of directions by the Dental Council of India. The Dental Council of India - 4 - HC-KAR NC: 2025:KHC:19722 WP No. 14966 of 2022 vide Communication dated 07.10.2020 has called upon the third respondent - the Institution - to ensure that there is inquiry by the Senior Professors/HODs of other Department to address the petitioner's complaint against failure to provide conducive environment to her. 2. The petitioner's complaint is in the backdrop of the allegation that she had suffered some injury even before her enrolment to the Institution and that she had to undergo a surgery in that regard in November 2016 and when she returned to the College to attend classes after rest, the concerned Professor made her to stand outside the classroom continuously. The petitioner further alleges that the Institution refused to return her academic credentials and necessary Certificate, including the Release Certificate, denying the opportunity to pursue her Post Graduation in Dental Science with another Institution. - 5 - HC-KAR NC: 2025:KHC:19722 WP No. 14966 of 2022 3. The Institution has filed Statement of Objections denying all the assertions emphasizing that the petitioner was not regular to classes either in the first or the second year of the Course and that she stopped coming to the College in the third year and as acknowledged by her, all the Certificates have been returned clarifying that the Release Certificate will not be relevant to a Post Graduation student. 4. Crucially, it is seen from the Statement of Objections filed by the Institution that a Committee is constituted and it has filed its Report opining that the petitioner has failed to prove that she was subjected to harassment or bullying either by the Institution or or the students or the batch mates or even otherwise. The Committee has also concluded that the Institution has formed various Committees to address student's grievances and there is a conducive environment for the students to pursue Post Graduation. In the light of this outcome, this Court - 6 - HC-KAR NC: 2025:KHC:19722 WP No. 14966 of 2022 must opine that the petition will not survive either for the directions to institute an enquiry, or for the other relief that is claimed in the petition. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE RB