1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2031/2024 Reserved on 10.07.2025 Pronounced on 21.07.2025 Sakhavat Ali ……...Appellant(s) Through: Mr. Bhat Fayaz, Advocate and Ms. Nighat Amin, Advocate Versus UT of J&K and Ors. …..Respondent(s) Through: Mr. Ilyas Nazir Laway, GA Mr. Waseem, Gull, GA CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE J U D G M E N T Per OSWAL ‘J’ 01. The provisional admission was granted to the petitioner in MDS Course, 2024 at Government Dental College and Hospital, Srinagar. As the petitioner could not submit the BDS Degree and Migration Certificate, the provisional admission granted to the petitioner was cancelled vide order bearing No. 090-JKBOPEE of 2024 dated 31st of August, 2024, by respondent No. 3. 02. The petitioner being aggrieved of the order dated 31st of August, 2024, (for short the “impugned order”), has filed this writ petition for grant of following reliefs: Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 2 “(i) Writ, order or direction in the nature of certiorari, seeking quashment of impugned notification No. 090-JKBPOEE of 2024 dated 31.08.2024, by virtue of which the admission of the petitioner for BDS in Government Dental College and Hospital, Srinagar has been cancelled. (ii) Writ of mandamus commanding upon the respondents to allow the petitioner to continue with MDS course in Government Dental College and Hospital, Srinagar notwithstanding the order of cancellation of admission. (iii) Writ of mandamus commanding upon the respondent No. 5 to unblock the enrolment No. 2017/13132 of the petitioner so that petitioner can apply for migration certificate through Online mode and the same be issued in favour of the petitioner without any further delay. (iv) Writ of mandamus commanding the respondent No. 5, to issue degree certificate in favour of the petitioner for the course of BDS qualified by the petitioner through the said University.” 03. It is stated that petitioner has completed his BDS Course from Rajasthan University of Health Sciences, Jaipur and as the petitioner besides some other candidates was granted admission by the Dental College after the cutoff date, prescribed by the Hon’ble Supreme Court of India, the Dental Council of India declined to register the petitioner as well as other similarly situated candidates and upload their names on its official website. 04. The petitioner along with others filed a writ petition bearing No. 174/2023 before Jodhpur Bench of the High Court of Rajasthan, wherein by virtue of interim order dated 22.03.2023, the High Court of Rajasthan, directed the Dental Council of India to upload the names of the petitioners on its website, subject to outcome of the writ petition. It was also provided that no equity would be claimed for, at the time of final disposal of the writ petition. It is further averred that the petitioner produced the provisional certificate with Jammu and Kashmir Board of Professional Entrance Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 3 Examination (for short ‘the J&K BOPEE’) to demonstrate the completion of the degree by the petitioner, but the J&K BOPEE has cancelled the admission of the petitioner on account of his failure to produce the BDS Degree and the Migration Certificate, whereas the fact remains that Migration Certificate is to be issued by the Rajasthan University of Health Sciences and the respondents, at the most, could have verified the provisional certificate issued in his favour, from the concerned University, because the issuance of degree would consume some time due to pendency of the writ petition before the High Court of Rajasthan. Accordingly, it is contended by the petitioner that the action of the respondents in cancelling the admission of the petitioner is arbitrary, illegal and not sustainable in the eyes of law. 05. The respondent Nos. 1 to 3 have responded to the writ petition by stating that vide notification No. 045-BOPEE of 2024 dated 11.07.2024, the provisional Merit List was published and there was a stipulation contained in the notification (ibid) that some candidates have registered themselves, but their registration forms are deficient for want of one or more document(s) including Domicile Certificate, Registration Certificate of J&K State Dental Council/DCI, Internship Completion Certificate etc. The registration forms of such candidates have been provisionally approved and they shall be allowed to participate in the Online/Offline Counseling process, as the board may decide later, subject to the condition that they shall submit all the deficient documents along with other documents as required by the Colleges/Institutions at the time of admission, if selected, otherwise their Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 4 selection shall be cancelled. It is admitted by the respondent Nos. It is admitted by the respondent Nos. 1 to 3 that the petitioner had obtained UT Rank 52 and was provisionally selected for MDS Course, 2024 at Government Dental College and Hospital, Srinagar and vide notification No. 071-BOPEE of 2024, dated 14.08.2024 read with notification No. 054-BOPEE of 2024 dated 22.07.2024, it was specifically provided that if the candidate fails to comply with the necessary formalities, his/her admission shall be cancelled and it shall be sole responsibility of the College/Institution concerned to ensure proper check and verification of documents/eligibility as per guidelines issued by DCI, before the candidate is admitted and in case of any discrepancy in the requisite documents, the same is required to be reported to the J&K BOPEE for taking further action under rules. In the Master of Dental Surgery Course Regulations, 2017, at point No. 5, it is specifically prescribed that a candidate for admission to the Master in Dental Surgery must possess a recognized degree of Bachelor in Dental Surgery awarded by a University or Institute in India and as per own admission of the petitioner his enrollment No. 2017/13132, has been blocked by the Dental Council of India and accordingly, has prayed for unblocking of the same in the present petition. The petitioner has suppressed the material fact from the J&K BOPEE that his degree is not registered with the Rajasthan University of Health Sciences and he does not possess Degree recognized by the Dental Council of India. The petitioner was provided ample opportunities right from initiation of the counseling process till the last date of admission on 20.08.2024 to furnish the requisite documents, however, he failed to furnish duly recognized Degree, Migration Certificate, DCI Registration Certificate etc., therefore, the J&K BOPEE, cannot be Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 5 compelled to uphold the selection of a candidate, who does not fulfill the essential qualification criteria. It is also stated that if the petition is admitted and the petitioner is allowed to drag on the matter despite not possessing such qualification/eligibility, then the seat for which the petitioner has been selected would remain unfilled. 06. Learned counsel appearing for the petitioner has submitted that during the pendency of this petition, the BDS Degree as well as Migration Certificate issued by the Rajasthan University of Health Sciences, were submitted with J&K BOPEE on 12.12.2024, pursuant to orders dated 26.11.2024 and 11.12.2024 passed by the coordinate bench of this court, as such, the petitioner has cleared the technical deficiencies, therefore, the order impugned in this petition is required to be quashed. Learned counsel for the petitioner has produced the receipt dated 12.12.2024, marked as Mark “X” dated 10.07.2025. 07. Per contra Mr. Ilyas Nazir Laway, learned GA, has submitted that the petitioner did not submit the BDS Degree and the Migration Certificate within the stipulated time in terms of notifications (supra) and as such, the admission of the petitioner was rightly cancelled by the J&K BOPEE. He has also laid much stress that the BDS Degree of the petitioner is still under cloud being subject matter of litigation before High Court of Rajasthan, and if the petitioner fails in his writ petition, then the petitioner cannot acquire postgraduate qualification in the field of Dental Surgery. While making submissions, learned counsel for the respondents has produced the Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 6 consideration order dated 18.12.2024 passed by the J&K BOPEE, pursuant to direction dated 26.11.2024 issued by the co-ordinate bench of this court. 08. Heard learned counsel for the parties and perused the record. 09. As far as relief Nos. (iii) and (iv) sought by the petitioner are concerned, the same have been rendered infructuous, as the migration certificate and the BDS degree stand already issued in favour of the petitioner. 10. The perusal of the impugned order dated 31.08.2024, reveals that the admission of the petitioner was cancelled, as he failed to submit the BDS Degree and Migration Certificate. Vide order dated 4th September, 2024, the order of status quo was passed. The perusal of order dated 22.03.2023, passed by the High Court of Rajasthan reveals that the Dental Council of India was directed to provisionally register the petitioners therein, including the petitioner, who figures at serial No. 4 in the memo of parties in writ petition No. 174/2023 and the said dispute is pending before the High Court of Rajasthan. 11. The J&K BOPEE has not disputed the authenticity/genuity of the provisional certificate issued in favour of the petitioner. This is also a fact that in terms of notification No. 45-BOPEE of 2024 dated 11.07.2024, it has been explicitly stated that the Registration forms of the candidates have been provisionally approved, and they shall be allowed to participate in Online/Offline Counseling process, subject to the condition that they shall submit all the deficient documents along with relevant documents as Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 7 required by the Colleges/Institutions at the time of admission, if selected, otherwise their selection shall be cancelled. The same stipulation was made in other notification as well, that in case a candidate fails to comply with the necessary formalities, his/her admission shall be cancelled, and it shall be sole responsibility of the College/Institution concerned to ensure proper check and verification of documents/eligibility as per guidelines issued by DCI. 12. Vide order dated 16.10.2024, the petitioner was granted two weeks’ time to collect his BDS Degree as well as the Migration Certificate from the University concerned and vide another order dated 26.11.2024, the respondent-J&K BOPEE was directed to consider the representation stated to have been preferred by the petitioner. It appears that the representation was submitted by the petitioner on 12.12.2024, along with BDS Degree and the Migration Certificate issued by the Rajasthan University of Health Sciences. The said representation was considered by the J&K BOPEE, but rejected vide order dated 18.12.2024 on the similar grounds that the petitioner was under an obligation to produce all the necessary documents by 20th August, 2024 and on failure his admission was cancelled. It was also stated that even on 12.12.2024, the petitioner only submitted the documents dated 25.10.2024, which in fact are the Migration Certificate and the BDS Degree. In the order dated 18.12.2024, it is stated that the petitioner did not produce the Dental Council of India Registration Certificate, resulting into cancellation of his admission, but the admission of the petitioner was never cancelled on that account. It is the stand of the respondents that in the event Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 8 interim directions are allowed to continue, then the seat would remain vacant unnecessarily, meaning thereby that the seat till date has not been filled. 13. The J&K BOPEE has not disputed the authenticity of the BDS Degree as well as the Migration Certificate submitted by the petitioner, but their contention is that the qualification of the BDS of the petitioner is still subject matter of the litigation before the High Court of Rajasthan. It is not the case where the petitioner has acquired the qualification after the cutoff date and in fact, the petitioner by submitting the BDS Degree with the J&K BOPEE has simply authenticated the provisional certificate already submitted by him. But equally true is that the qualification of the BDS attained by the petitioner is a subject matter of the litigation before the High Court of Rajasthan and the seat against which the petitioner was admitted, has not been filled till date. 14. In order to strike the balance between the conflicting interests of the contesting parties and taking into consideration that the seat for which the petitioner has been selected and admitted to the course of MDS at Government Dental College, Srinagar has not been filled till date, this Court deems it proper to dispose of the present petition with the following directions :- (a) The order No. 090-JKBOPEE of 2024 dated 31.08.2024, whereby the admission of the petitioner in the course of MDS was cancelled, is quashed. The petitioner is permitted to continue with the Course of MDS at Government Dental College and Hospital, Srinagar Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 9 (b) In the event, petitioner fails before the High Court of Rajasthan, thereby resulting into the loss of qualification of BDS acquired by him, then the qualification of MDS acquired by him shall be non-est in the eyes of law. 15. Disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 21.07.2025 “Mohammad Yasin Dar” Whether the Judgment is reportable: Yes/No. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document