APHC010508342026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 1 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27783/2026 Between: 1. G. NISSI KIRANMAYEE, D/O. G.D. KIRAN BABU, AGED ABOUT 26 YEARS, OCC STUDENT, REGD. NO.18D101012018, FINAL BDS, LENORA INSTITUTE OF DENTAL SCIENCES, RAJANAGARAM, RAJAMAHENDRAVARAM. R/O.1 BRUNDAVAN COLONY, NEAR KRISHNA BODUPPAL, K.V. RANGAREDDY DISTRICT.TELANGANA 500 092. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 2. DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS REGISTRAR, VIJAYAWADA, NTR DISTRICT 3. THE CONTROLLER OF EXAMINATIONS, DR. NTR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, NTR DISTRICT 4. LENORA INSTITUTE OF DENTAL SCIENCES, REP. BY ITS PRINCIPAL, NH-16, RAJANAGARAM, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT 5. THE NATIONAL DENTAL COMMISSION, (SUCCESSOR TO THE DENTAL COUNCIL OF INDIA), REP. BY ITS SECRETARY, PLOT NO.14, SECTOR-9, R.K. PURAM, NEW DELHI IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27783/2026 G. NISSI KIRANMAYEE, D/O. G.D. KIRAN BABU, AGED ABOUT 26 YEARS, OCC STUDENT, REGD. NO.18D101012018, FINAL BDS, LENORA INSTITUTE OF DENTAL SCIENCES, RAJANAGARAM, RAJAMAHENDRAVARAM. R/O.1-143-2/1448, FLAT NO. 201, BRUNDAVAN COLONY, NEAR KRISHNA APARTMENT, BODUPPAL, K.V. RANGAREDDY DISTRICT.TELANGANA 500 092. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, - 522 237. DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS REGISTRAR, VIJAYAWADA, NTR DISTRICT - 520 008. THE CONTROLLER OF EXAMINATIONS, DR. NTR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, NTR DISTRICT - 520 008. TE OF DENTAL SCIENCES, REP. BY ITS 16, RAJANAGARAM, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT - 533 294. THE NATIONAL DENTAL COMMISSION, (SUCCESSOR TO THE DENTAL COUNCIL OF INDIA), REP. BY ITS SECRETARY, PLOT R.K. PURAM, NEW DELHI - 110 022. IN THE HIGH COURT OF ANDHRA PRADESH [3457] G. NISSI KIRANMAYEE, D/O. G.D. KIRAN BABU, AGED ABOUT 26 YEARS, OCC STUDENT, REGD. NO.18D101012018, FINAL BDS, LENORA INSTITUTE OF DENTAL SCIENCES, RAJANAGARAM, 2/1448, FLAT NO. 201, APARTMENT, BODUPPAL, K.V. RANGAREDDY DISTRICT.TELANGANA 500 092. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, DR NTR UNIVERSITY OF HEALTH SCIENCES, REP. BY ITS THE CONTROLLER OF EXAMINATIONS, DR. NTR UNIVERSITY OF 520 008. TE OF DENTAL SCIENCES, REP. BY ITS 16, RAJANAGARAM, RAJAMAHENDRAVARAM, THE NATIONAL DENTAL COMMISSION, (SUCCESSOR TO THE DENTAL COUNCIL OF INDIA), REP. BY ITS SECRETARY, PLOT 2 6. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI- 110011. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to writ, order or direction, more particularly one in the nature of Writ of Mandamus A. declaring the action of the respondents 2 to 4 in not permitting the petitioner to pay the examination fee and to appear for the Final BDS Examinations, October/November 2026, notified vide Notification Ref.No.10028/E3/BDS/Exams/2026-2 dated 18-08-2026, in all the eight subjects of Final BDS, theory and practical, on the ground of expiry of the period prescribed under the Revised BDS Course (7th Amendment) Regulations, 2015, and the consequential letter Lr.No.10028/E3/BDS/Exams/2026-2 dated 18-09-2026 of the 2nd respondent in so far as it directs the discharge of the students of the 2018- 2019 batch including the petitioner, and the inaction of the respondents 2 and 5 in not considering the representations dated 03 09-2026 and 23-09- 2026, as illegal, arbitrary, contrary to the Revised BDS Course Regulations, 2007 (as amended), violative of the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently B. direct the respondents 2 to 4 to receive the examination fee, upload the particulars of the petitioner on the MEdHAS portal, issue the hall ticket and permit the petitioner (Regd. No.18D101012018) to appear for all the eight subjects, theory and practical, in the Final BDS Examinations, October/November 2026, by excluding the period lost on account of the COVID-19 pandemic and the non-conduct of the examinations by the 2nd respondent from the period prescribed under the said Regulations, and further direct the respondents 5 and 6 to extend to the petitioner the relaxation of the course period on par with the students of the 2015-2016 batch, and to declare her result, and on her passing, to permit her to undergo the one year compulsory rotatory internship and award the BDS degree and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents 2 to 4 to receive the examination fee from the petitioner, upload her particulars on the MEdHAS portal, issue the hall 3 ticket and permit the petitioner (Regd. No.18D101012018) to appear for all the eight subjects of the Final BDS Examinations, October/November 2026, commencing on 22.10.2026, including the practical examinations thereof, duly complying with all formalities, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KOPPARTHI SUMATHI Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 4 The Court made the following Order:- The petitioner is a student of the BDS course, bearing University Registration No.18D101012018, who was admitted into the BDS course in the 4th respondent college on 27.08.2018, in the academic year 2018–2019. The petitioner states that she has completed the First, Second and Third BDS examinations and has been promoted to the Final BDS course. She has not, however, appeared for the Final BDS examinations. 2. The petitioner has filed the present writ petition questioning the action of respondents 2 to 4 in not permitting her to pay the examination fee and appear for the Final BDS Examinations scheduled in October/November 2026, notified by the 3rd respondent vide Notification Ref.No.10028/E3/BDS/Exams/2026-2, dated 18.08.2026, on the ground that the period prescribed for completion of the course had expired on 27.08.2026. The petitioner also questions the consequential action of the respondents in discharging the students of the 2018–2019 batch and seeks consideration of the representations dated 03.09.2026 and 21.09.2026. 3. It is the case of the petitioner that she qualified in NEET-UG, 2018 and was admitted into the BDS course on 27.08.2018. The 4th respondent college is recognised by the Dental Council of India and is affiliated to the 2nd respondent University. The petitioner states that she has paid the tuition fee and other prescribed fees for the entire course, completed the required attendance and appeared for the internal assessments. 4. The petitioner relies upon the Revised BDS Course Regulations, 2007, as amended by the Revised BDS Course (7th Amendment) Regulations, 5 2015, framed by the Dental Council of India under Section 20 of the Dentists Act, 1948. According to the petitioner, the amended Regulations provide that a student who does not clear the BDS course in all subjects within a period of nine years, including one year of compulsory rotatory paid internship, from the date of admission, shall be discharged from the course. It is further submitted that the Regulations do not prescribe any limit on the number of attempts and require the University to conduct examinations twice a year, with the supplementary examination being conducted within six months of the main examination. 5. It is submitted that, in the ordinary course, the petitioner, having admitted in August 2018, would have appeared for the Final BDS examination in the year 2022 and thereafter completed the compulsory internship in the year 2023. However, the academic schedule of the petitioner's batch was disrupted from March 2020 on account of the COVID-19 pandemic. Classes, clinical postings and University examinations were suspended and postponed, resulting in the Second and Third BDS examinations also being conducted belatedly. Consequently, the academic calendar of the 2nd respondent University fell behind by more than one year. The petitioner contends that the loss of time cannot be attributable to her. 6. It is further submitted that the petitioner has completed the First, Second and Third BDS examinations and was promoted to the Final BDS course. However, Final BDS examination was not conducted in April/May 2025 and April/May 2026. The Final BDS examination which was due in 6 October/November 2025 was also not conducted as scheduled and was ultimately conducted only in March 2026. This Court, in W.P.No.8161 of 2026, by order dated 06.08.2026, recorded the fact that the examinations due in October 2025 were conducted only in March 2026 and that the students were not at fault. 7. It is submitted that, had the examinations been conducted in accordance with the prescribed schedule, the petitioner would have had at least two opportunities to appear for the Final BDS examination before the expiry of the period calculated from the date of her admission. The petitioner asserts that she has not appeared for the Final BDS examination even once and that the October/November 2026 examination would be her first attempt as well as the last opportunity available to her. 8. The 3rd respondent issued Notification Ref. No. 10028/E3/ BDS/Exams/2026-2, dated 18.08.2026, notifying the Final BDS (O.R. & N.R.) Regular Examinations, October/November 2026. The theory examinations are scheduled to commence from 22.10.2026 and continue up to 06.11.2026, covering all the eight subjects of Final BDS. The practical examinations are tentatively scheduled to commence from 11.11.2026. The 4th respondent issued Circular Ref.No.LIDS/Gen/043/2026, dated 21.08.2026, communicating the examination timetable. The last date for payment of examination fee was fixed as 29.08.2026. 9. The petitioner states that she approached the 4th respondent for payment of the examination fee and to appear for the Final BDS examination. 7 However, she was informed that she could not be permitted to pay the examination fee or appear for the examination on the ground that the period of eight years from her admission had expired on 27.08.2026 and that the 2nd respondent University was not permitting the students of the 2018–2019 batch to register for the examination. The petitioner's examination fee was not accepted, her particulars were not uploaded on the MEdHAS portal, and consequently no hall ticket was issued to her. 10. It is submitted that the 4th respondent college addressed a representation dated 03.09.2026 to the 2nd respondent University, on behalf of four students of the 2018–2019 batch, including the petitioner, requesting permission to appear for the Final BDS examination commencing from 22.10.2026, pointing out that the delay in the academic schedule was attributable to the COVID-19 pandemic and postponement of examinations. The petitioner also submitted a representation dated 23.09.2026 to respondents 2 and 5 seeking a one-time opportunity to appear for all eight subjects of Final BDS in October/November 2026, as her final attempt. Neither representation has been considered. 11. It is further submitted that the petitioner relies upon the relaxation of two years granted to the 2015–2016 batch, as a special one-time measure, vide proceedings dated 05.02.2026. The petitioner contends that she was similarly affected by the pandemic and the delayed conduct of examinations and that the period lost on account of the University's failure to conduct examinations as per schedule ought not to operate to her prejudice. 8 12. The petitioner submits that she has completed the First, Second and Third BDS examinations and has not appeared for the Final BDS examination even once. According to her, had the examinations been conducted as per schedule, she would have had sufficient opportunities to complete the course within the prescribed period. Denial of an opportunity at this stage would render her eight years of study futile. She therefore seeks a one-time indulgence to appear for the ensuing Final BDS examination 13. The learned Standing Counsel appearing for the respondent University submits that the petitioner cannot be permitted to appear for the ensuing Final BDS examinations, as the period prescribed for completion of the BDS course from the date of her admission has already expired. It is submitted that the petitioner was admitted on 27.08.2018 and has not completed the BDS course within the prescribed period. It is further submitted that, apart from the prescribed period for completion of the course, the petitioner would also be required to undergo the compulsory rotatory internship and, therefore, the petitioner cannot be permitted to appear for the Final BDS examinations in October/November 2026. 14. It is also submitted by the learned Standing Counsel for the University that the Hon'ble Division Bench of this Court had considered an identical issue in a Writ Appeal filed by the University, aggrieved by the orders of the Learned Single Judge directing the University to permit the petitioners therein to pay the examination fee. It is submitted that the petitioners therein also could not complete the BDS course within the prescribed 8-year window. 9 15. It is submitted that, in view of the applicable guidelines of the Dental Council of India and the Regulations governing the BDS course, the petitioner cannot be permitted to appear for the Final BDS examinations scheduled to be conducted in October/November 2026. In reply, the learned counsel for the petitioner submits that the petitioner may be granted one-time indulgence to appear for the ensuing Final BDS examinations, as she has not appeared for the Final BDS examination even once. It is submitted that, had the respondent University conducted the examinations regularly as per the prescribed schedule, the petitioner would have had sufficient opportunities to complete the course within the stipulated period and that the loss of time was attributable to the COVID-19 pandemic and the delayed conduct of examinations by the University.. 16. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. Perused the material placed on record. 17. The short point for consideration is whether, in the facts and circumstances of the case, this Court can exercise its writ jurisdiction and direct the respondents to permit the petitioner, who was admitted to the BDS course on 27.08.2018, has completed the First, Second and Third BDS examinations and has not appeared for the Final BDS examination even once, to appear for the Final BDS Examinations, October/November 2026, notwithstanding the expiry of the period reckoned from the date of her admission. 10 18. 10 18. On the facts of the case, it is not in dispute that the petitioner was admitted to the BDS course on 27.08.2018 and has completed the First, Second and Third BDS examinations. It is also the petitioner's specific case that she has not been afforded an opportunity to appear for the Final BDS examination earlier. The material placed before this Court further indicates that the academic schedule of the University was disrupted during the COVID- 19 pandemic and that the 3rd year Final BDS examination due in October 2025 was conducted only in March 2026. The same was also noticed by this Court in W.P.No.8161 of 2026. 19. The petitioner cannot be faulted for the delay caused by the non- conduct/postponement of examinations during the COVID-19 pandemic. The petitioner has not appeared for the 4th year Final BDS examination, and the examinations scheduled in October/November 2026 examination would be her first opportunity to appear. The 4th respondent college has also attributed the delay to the pandemic and the rescheduling of examinations by the university. 20. The Court also takes note of the two-year relaxation granted to the 2015–2016 batch as a special one-time measure. Having regard to the peculiar circumstances of the present case, particularly the delayed academic schedule and the fact that the petitioner has not had even one opportunity to appear for the 4th year Final BDS examination, she deserves one opportunity to appear in the ensuing examination. 11 21. As such, this Court is inclined to permit the petitioner, as a onetime measure, to appear for the Final BDS Examinations scheduled in October/November 2026. The respondents shall also consider the petitioner's request for appropriate extension/relaxation of the course period and, upon successful completion of the Final BDS examination and permit her to undergo the compulsory rotatory internship. 22. Accordingly, the writ petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 01.10.2026 RSD 12 89 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27783/2026 01.10.2026 RSD 13