Kerala High Court
Arun Raj.M.R. vs The Dental Council Of India on 8 January, 2009 in WP(C).No. 26131 of 2009 (J), the Dental council of India as a respondent in the said WP filed a statement in which it is stated that BDS Course Regulation, 1983 inter alia envisages that every candidate would be required after passing the final BDS Examination to undergo one year paid rotating internship in a dental college. Quantum of amount to be paid to the interns has not been mentioned in the said regulation. Therefore, the stipend to the interns of the dental colleges are to be paid to them as per the Rules and Regulations prescribed by the concerned State Government/University in this regard. However, the Dental Council of India has recommended to the Central Government that a minimum stipend of 3,000/- be paid to the interns by private dental colleges in the country for which approval of Central Government is awaited. It was also stated that the interns are those, who do one year compulsory rotating internship.after final BDS, and they are awarded BDS degree depending upon their successful completion of the internship programme, whereas they are students, who hold recognized BDS degree of an Indian University. It is further stated that the revised BDS Regulation, 2007 published in the Gazette of India dated 10.09.2007 inter alia envisages the duration of the BDS course as five years without internship and this is effective from the date the regulations have been published in the Gazette of India, i.e., 10.09.2007.
The Dental Council of India, letter dated 01.11.2007, has informed all concerned including the dental colleges in the country regarding this.
decision reported in 2015 (3) KLT 487.
13. It was strenuously argued by the learned counsel for the college that in that case, it was on the basis of the Medical Education Regulation, 2000 issued in terms of Medical Council Act, 1956; and as there is no statute in the present case envisaging payment of stipend to PG students, this Court cannot compel the college to pay stipend to the interns by way of a writ of mandamus. I am not inclined to accept the said argument, because, it is the definite case of the Dental Council of India that they have specifically instructed that stipend be paid to the interns of private dental colleges though the amount was not specified. The non-specification of the quantum by the Dental Council of India is not a bar in granting the benefit as the interns are to be treated at par with the students in the government medical colleges.
Therefore, on a consideration of the entire materials now placed on record, this Court is of the view that the college is bound to pay stipend to the interns at the rate of stipend paid to the students of the Government Dental Colleges in the State..
Therefore based on the above judgment the student can take up the matter through university or directly before the high court through a writ petition