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2026 DAILYLAW 11729 (DEL)

AKSHAY VERMA v. NATIONAL DENTAL COMMISSION & ANR.

W.P.(C)/8916/2026 · 2026-07-08

Jasmeet Singh

Writ Petition (Civil)body2026

Judgment text

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$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8916/2026 AKSHAY VERMA ....Petitioner Through: versus NATIONAL DENTAL COMMISSION & ANR. .....Respondents Through: Mr. T. Singhdev, Mr. Abhijit Chakravarty, Ms. Anum Hussain, Mr. Tanishq Srivastava, Ms. Yamini Singh, Mr. Bhanu Gulati, Ms. Ramanpreet Kaur, Advs. for R1 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 08.07.2026 1. This is a writ petition filed under Articles 226 and 227 of the Constitution of India seeking the following prayers :- (a) Call for records pertaining to the impugned letter, dated 13.06.2026, bearing no. 115-L-11/12.DCI/2018/ Estt.DC/24/Vol.IV issued on behalf of the Respondent and quash the same thereby, directing the Respondent to allow the Petitioner to appear for the Final year examination followed by compulsory one year rotation internship; (b) Direct the Respondent to apply the nine-year outer limit rule in a fair, reasonable and non-mechanical manner, taking into account the medical history of the Petitioner; (c) pass such other or further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:39:15 case. (d) Direct the Respondents to allow the Petitioner to provisionally submit the examination form, issue admit card and appear for the Final year examination subject to the outcome of the present writ Petition. ...” 2. The case of the petitioner is that the petitioner cleared the National Eligibility-cum-Entrance Test (“NEET”) and secured admission in respondent No. 2 college for Bachelors of Dental Surgery (“BDS”) in the year 2017. The petitioner cleared the first year in the first attempt. In the second year, the petitioner suffered deterioration of his health and was hospitalised on account of typhoid. The ill health coupled with academic setbacks resulted in psychiatric complications including depression, anxiety disorder, insomnia and stress induced seizure episodes, which halted petitioner’s progress in the course. The petitioner remained under continuous psychiatric treatment for subsequent years and respondent No. 2 being aware and alive to the condition of the petitioner granted indulgence to permit petitioner to appear for selective exams. 3. Thereafter, the world was hit by COVID-19 pandemic and the petitioner due to his frail health only appeared for second year exams in 2021 and passed the exams in first attempt. Thereafter, the petitioner cleared the subsequent exams and in the final year the petitioner suffered relapse of his psychiatric illness and was unable to maintain minimum attendance prescribed under the applicable regulations. 4. Hence, the petitioner has hit the outer limit of 9th year in the duration of BDS Course which makes him ineligible to appear in the final year exams. 5. Hence, the present petition. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:39:15 6. For the reasons stated in the petition, issue notice. 7. Mr. Singhdev, learned standing counsel accepts notice on behalf of respondent No. 1 and draws my attention to the notification, which reads as under:- “BDS Course (7th Amendment) Regulations, 2015 Any student who does not clear the BDS Course in all the subjects within a period of 9 years, including one year Compulsory Rotatory paid Internship from the date of admission shall be discharged from the course.” 8. He further draws my attention to the judgment of the Hon’ble Supreme Court in Sidhant Mahajan vs. State of Rajasthan, C.A. No. 014875-014880/2025 and more particularly paragraph No. 58, which reads as under:- “58. As far as other students, who have still not cleared the BDS course or whose degrees have not been issued yet, are concerned, they are not entitled to any relief by this Court, having regard to the 2007 Regulations, which explicitly provide that any student who fails to complete the BDS course within a period of 9 years from the date of their admission shall be discharged from the course. Thus, the students before us, who were admitted in the Academic Year 2016-17, and have still not cleared the BDS course, cannot be conferred any relief from this Court, as was rightly pointed out by the learned Counsel for the DCI.” 9. In this view of the matter and in view of the binding observation of the Hon’ble Supreme Court in Sidhant Mahajan (supra), even though I have This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:39:15 sympathy with the petitioner, but I am bound by the judgment of the Hon’ble Supreme Court. 10. For the said reasons, the present petition is dismissed. JASMEET SINGH, J JULY 8, 2026/AS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/07/2026 at 11:39:15