GAYANAM JYOTI SAIKIA v. THE STATE OF ASSAM AND 3 ORS.
WP(C)/3136/2025 · 2026-06-16
Kardak Ete
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 8414 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8414 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/6 GAHC010117662025
2026:GAU-AS:8733
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3136/2025 GAYANAM JYOTI SAIKIA S/O MR. BIBHAS SAIKIA, R/O FLAT NO-C, 205, RUDRAKUSH KUNDAN, NEAR SFS SCHOOL, GUWAHATI, DIST- KAMRUP (M), PIN-781117 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE 2:THE DIRECTOR OF MEDICAL EDUCATION SIXMILE JAYANAGAR KHANAPARA GUWAHATI ASSAM PIN-781022 3:THE PRESIDENT/SECRETARY DENTAL COUNCIL OF INDIA NEW DELHI AIWON-E GALIB MARY KOTTA ROAD NEW DELHI PIN-110002 4:THE PRINCIPAL REGIONAL DENTAL COLLEGE G.M.C.H. COMPLEX BHANGAGARH GUWAHATI ASSAM
Page No.# 2/6 PIN-78103 Advocate for the Petitioner : MR MINTU SAIKIA, MS R DUTTA,MR J FIRDAUS Advocate for the Respondent : SC, HEALTH, P UPADHAYA,MS. R HUSSAIN,MS. NITUMA KAKATI,MR. S C KEYAL
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 17.06.2026
1. Heard Mr. M.Saikia, learned Counsel for the petitioner. Also heard Mr. B.Gogoi, learned Standing Counsel, Health and Family Welfare Department for respondent Nos. 1, 2 and 4. Ms. N.Kakati, learned counsel for respondent No.3. 2. By filing this writ petition, the petitioner prays for a direction to allow him to undergo one year Rotatory Internship Programme in the Regional Dental College, Guwahati in terms of the Circular dated 01.03.2019, issued by the Dental Council of India i.e. respondent No.3. 3. The case of the petitioner in short, is that he has completed his BDS Course from Ch.Charan Singh University, Meerut in the State of Uttar Pradesh on November 2024. Owing to his family problems i.e. illness of his mother, who is staying in Guwahati, his father being a Government servant, at presently posted at Golaghat as well as he being undergoing medical treatment due to ligament tear at Guwahati, the petitioner is desirous to undergo one year Rotatory Internship Programme in the Regional Dental College, Guwahati. The petitioner approached the Principal of Regional Dental College, Guwahati for undergoing one year internship programme on 28-02-2025. However, the
Page No.# 3/6 respondent authorities have rejected his prayer for allowing him to undergo his one-year internship in the Regional Dental College, Guwahati on the ground that the petitioner has not submitted No Objection Certificate (NOC) from his parent Dental College. 4. Mr.
M. Saikia, learned counsel for the petitioner while referring to the Circular dated 01.03.2019, issued by the Dental Council of India as regards the one year paid Rotatory Internship Programme, submits that in order to make provision of one-year paid Rotatory Internship Programme simple, transparent, effective, fair and to enable the students to timely complete their internship, it has been decided that the students need not be required any NOC from the Dental Council of India for undergoing internship programme from other Dental college. He submits that since the petitioner has some family hardship, the petitioner is desirous to undergo the one-year internship programme in the Regional Dental College, Guwahati as he is a permanent resident of Guwahati. Therefore, refusal to allow the petitioner to undergo one-year internship programme is in violation of the Circular issued by the Dental Council of India. 6. On the other hand, Mr. B. Gogoi, learned Standing Counsel, Health and Family Welfare Department submits that the petitioner having obtained his BDS degree from Ch.Charan Singh University, Meerut in the State of Uttar Pradesh, the primary and natural obligation to provide internship vests exclusively with the parent Dental institution in the State of Uttar Pradesh and not with the Regional Dental College, Guwahati. Referring to the Circular dated 01.03.2019, as relied on by the learned counsel for the petitioner, he submits that the circular clearly mandates that a student desirous of undergoing internship at a Dental college other than his parent dental college shall have to obtain NOC
Page No.# 4/6 from both the parent dental college and the transferee dental college duly authenticated by the affiliating university and submit the same along with other relevant documents to the designated authority. The petitioner has failed to furnish any NOC from his parent dental college i.e. Ch.Charan Singh University, Meerut, Uttar Pradesh. He submits that the application of the petitioner has been duly considered and the grievance of the petitioner for one year internship programme has been rejected in terms of the aforesaid Circular.
Therefore, the petitioner has no indefeasible right to undergo one year internship programme in the Regional Dental College, Guwahati. 7. Considered the submissions of the learned counsel for the parties and also perused the materials available on record. 8. Admittedly, the petitioner has completed his BDS Course from Ch.Charan Singh University, Meerut, Uttar Pradesh in the year 2024. The main ground for seeking one-year paid rotatory internship programme at Regional Dental College, Guwahati is of personal/ family hardship of the petitioner and also based on the Circular issued by the Dental Council of India dated 01.03.2019. 9. The Dental Council of India vide the aforesaid Circular addressed to the authorities of the Dental institutions, affiliating universities of the dental institutions, Directors of Medical Education of all the States and the Registrar of all the States Dental Councils/ Tribunals as regards the issuance of No objection Certificate(NOC) for one-year paid rotatory internship programme has intimated that in order to make the provision of one-year paid rotatory internship programme simple, transparent, effective, fair and to enable the students to timely complete their internship, the students need not be required any No objection Certificate(NOC) from Dental Council of India for undergoing the
Page No.# 5/6 internship from other Dental College. It has also intimated that the students desirous to undergo his or her internship from dental college other than his or her parent dental college shall have to obtain No objection Certificate(NOC) from parent and transferee College authenticated by the enrolled affiliating universities and submit the same along with other relevant documents directly to the designated authorities for approval. 10. Upon consideration of the above Circular, it transpires that the Dental College of India has allowed the students who are desirous to undergo internship from the dental college other than parent dental college shall have to obtain NOC from the parent and transferee dental college. Accordingly, the requirement of obtaining NOC from Dental Council of India is dispensed with. 11.
In the present case, it is not in dispute that the petitioner has not submitted NOC from the parent dental college i.e. Ch.Charan Singh University, Meerut, Uttar Pradesh. Thus, the petitioner may be desirous to undergo his one year rotatory internship programme at the Regional Dental College, Guwahati, unless the requirement of obtaining the NOC from his parent as well as transferee dental college is fulfilled in terms of the circular dated 01.03.2019, the petitioner would not have the right to undergo his one-year internship program from the Regional Dental College, Guwahati. Therefore, the rejection of the grievance of the petitioner to allow him to undergo one-year internship programme at Regional Dental College, Guwahati, by the respondent authorities appears to be in consonance with the circular dated 01.03.2019. 12. Regard being had to the submission of the learned counsel for the petitioner that other dental college has allowed him to undergo one year
Page No.# 6/6 internship programme without insisting on NOC from parent and transferee dental college is considered for rejection in view of the fact that the Dental Council of India vide the aforesaid Circular dated 01.03.2019 (supra) has expressly provided that the student desirous to undergo internship from the dental college other than his or her parent dental college shall have to obtain NOC from the parent and transferee dental college. Merely some dental colleges have allowed their students to undergo one-year internship program without insisting for NOC from parent or transferee dental college shall not give an indefeasible right to undergo the internship in the dental colleges, other than the parent Dental College. 13. For the foregoing reasons, I am of the considered view that the petitioner cannot be allowed to undergo one-year rotatory internship programme in the Regional Dental College, Guwahati. Thus, the rejection of the grievance of the petitioner by the respondent authorities is in consonance with the Circular dated 01.03.2019, issued by the Dental Council of India. 14. Accordingly, the writ petition stands dismissed being devoid of merits. JUDGE Comparing Assistant