Irfan Akbani vs State Of Madhya Pradesh 2024 INSC 981 – Admission – BDS Course

Summary: Regulatory Authority cancelled admission of the appellants was affirmed by the Appellate Authority – HC passed interim order permitting them to continue – Writ petition was dismissed – Allowing appeal, SC observed: The principle of negative equality would not be applicable while considering the grant of relief under Article 226 of the Constitution of India. However, the fact remains that similarly circumstanced students, who have passed their BDS Course from the State of Madhya Pradesh have got their Post Graduate Degrees (MDS Course)- It is commonly known that there is a dearth of super specialty doctors even in the field of dental science. If the admission of the appellants is not regularized the education undertaken by them would go in waste. Therefore, in the peculiar facts and circumstances of the case, we are inclined to allow the appeal and quash and set aside the impugned order passed by the High Court as well as the orders passed by the Regulatory Authority and the Appellate Authority.