Section 10
Section 10 of the Dentists Act, 1948. Recognition of dental qualifications.
Recognition of dental qualifications.
Section 10, The Dentists Act, 1948 (Act 16 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Soham Mayankkumar Vyas vs Union of India
Court's Decision & Legal Precedent
When a dental college is situated outside India but the authority which grants the dental qualification to students of that college is an Indian university, the dental qualification is governed by Section 10(1) of the Dentists Act and should be enumerated in Part I of the Schedule as an Indian qualification, not Section 10(4) and Part III, provided that both the University's qualifications are recognized by the Central Government and the affiliated college outside India has the prior permission of the Central Government. A dental qualification granted by an Indian university cannot be classified as a foreign qualification merely because the affiliated college is located outside India, and the geographical location of the institution does not determine the character of the degree-granting authority.
On this section: Recognition of dental qualifications granted by any authority or institution in India included in Part I of Schedule; Court held this applies where the granting authority is in India, regardless of where the course is undertaken
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Pondicherry Ling. Min. M D Col. Wel. Assoc General Manager vs Medical Council of India Secretary
Court's Decision & Legal Precedent
The prescription of NEET (uniform entrance examination) for admission to medical and dental courses by the Medical Council of India and Dental Council of India under Section 10D of the Indian Medical Council Act, 1956 and Dentists Act, 1948, and the regulatory framework requiring centralized counselling, do not violate the fundamental rights of unaided/aided minority or non-minority professional educational institutions under Articles 19(1)(g) and 30 read with Articles 25, 26 and 29(1) of the Constitution of India. NEET is a reasonable regulation justified under Article 19(6) in the national interest to ensure merit-based admissions, prevent commercialization and corruption, and maintain educational standards in professional education. While minorities have right to establish and administer educational institutions, this right is neither absolute nor above law, and is subject to reasonable regulations framed in national and public interest. The conditions of recognition and affiliation are binding on all institutions. The state has legitimate competence to prescribe uniform entrance examinations and conditions for professional education in furtherance of Articles 45, 46, 47, and 51A(j) of the Constitution.
On this section: Similar to MCI Act, this section provides authority for conducting uniform entrance examination for dental education, upheld as constitutionally valid.
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Karnataka Religious and Linguistic Minority Professional College Assocation (regd. ) vs Union of India Ministry of Health and Family Welfare Secretary
Court's Decision & Legal Precedent
The Fundamental Principle Established: (1) Rights Under Article 19(1)(G), 25, 26, 29(1), And 30 Of The Constitution Of India Do Not Come In Way Of Securing Transparency And Recognition Of Merit In Admissions To Professional Educational Institutions. (2) It Is Open To Regulatory Authorities To Regulate Course Of Study, Qualifications For Teachers, And Ensure Educational Standards Through Reasonable Regulatory Measures. (3) Reasonable Restrictions Can Be Imposed In National And Public Interest, Particularly In Professional Education. (4) A Uniform Entrance Test Like NEET Qualifies The Test Of Proportionality And Is Reasonable Restriction On Rights Under Article 19(1)(G). (5) Educational Institutions, Including Minority Institutions, Must Comply With Conditions Of Affiliation And Recognition Prescribed By Regulatory Bodies For Ensuring Educational Standards And Preventing Maladministration. (6) The Right To Administer An Educational Institution Under Article 30 Is Not Above The Law And Other Constitutional Provisions. (7) Professional Educational Institutions Constitute A Class By Themselves Requiring Specific Regulatory Measures For Maintaining Standards And Preventing Malpractices. (8) Regulatory Measures Prescribing NEET Are Intended To Weed Out Evils From Medical Education System And Bring Education Back Within Realm Of Charity, Which Character It Has Lost To Commercialization.
On this section: Mirror Provision To Section 10D Of The Medical Council Act For Dental Education. Court Upheld Its Constitutional Validity And Applicability To All Dental Educational Institutions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 10
What have the courts held on Section 10 of the Dentists Act?
Soham Mayankkumar Vyas vs Union of India (28 Sep 2010) is the leading judgment on this section among those set out below: Recognition of dental qualifications granted by any authority or institution in India included in Part I of Schedule; Court held this applies where the granting authority is in India, regardless of where the course is undertaken. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2010 to 2020.
How do I find court cases under Section 10 of the Dentists Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Dentists Act 1948 10, section 10 Dentists Act 1948, section 10 of the Dentists Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Soham Mayankkumar Vyas vs Union of India (28 Sep 2010).
What should I read with Section 10 of the Dentists Act, and has it changed?
1 other provision in this corpus refers back to it.
When was the Dentists Act enacted?
Dentists Act was enacted in 1948 as Act 16 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Power to make rules14273 words
- 8. 115 words
- 56. 90 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/ae2b6c9d-ccc0-4891-a170-37ae5406c00c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/8ed56008-55c3-45c5-9c6b-c52bd9399cf4/content). This page is not a substitute for legal advice.