NEHA CHANDRAKISHOR KAMBLE AND ANR v. UNION OF INDIA THR SECRETARY AND OTHERS
Discusses principles of classification under Article 14 and the presumption of constitutionality, applicable across legal domains.
Court: Bombay High Court
Citation: 2025:BHC-AUG:16912-DB
Decision Date: 24-06-2025
List of Laws
Constitution of India, 1949; Dental Council of India Regulations, 2007; General Principles of Law
- Constitution of India, 1949: The judgment discusses Article 14, which forbids class legislation but allows reasonable classification. It cites the Supreme Court's judgment in Shri Ram Krishna Dalmia Vs. Shri Justice S.R. Tendolkar and others, AIR 1958 Supreme Court 538, Paragraph No. 11, elaborating on the two conditions for permissible classification: (i) intelligible differentia distinguishing grouped persons/things, and (ii) a rational relation between the differentia and the object of the statute. The judgment also mentions Article 21 (protection of life and personal liberty) and Article 300A (right to property), stating that the petitioners failed to demonstrate arbitrariness violating these articles.
- Dental Council of India Regulations, 2007: The judgment refers to the Dental Council of India Regulations, 2007, dated 27.04.2015, which mandate that a student who does not clear the BDS course in all subjects within nine years, including a one-year compulsory rotatory paid internship, shall be discharged from the course. The court considers the validity of these regulations in limiting the number of years to pass the BDS exam.
- General Principles of Law: The judgment discusses the principle against arbitrariness, stating that there was no material to satisfy the test of arbitrariness regarding the regulations. It also mentions the presumption of constitutionality of enactments, stating that the burden is on the one attacking it to show a clear transgression of constitutional principles. The court emphasizes that nodal bodies consist of experts competent to take policy decisions and that time limits for courses are designed by experts.
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