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| High court directs CMO Jammu to issue provisional registration for existing dental clinics | | | Early Times Report
Jammu, July 5: Justice Rahul Bharti of the Jammu & Kashmir and Ladakh High Court’s Jammu Wing has directed the Chief Medical Officer (CMO) of Jammu to issue provisional registration to the petitioners, allowing them to continue operating their existing dental clinics.
The court issued this significant order after hearing Advocate FA Natnoo, who argued that the petitioners’ status as dentists is based on their recognition under Section 33(b) of the Dentists Act, 1948. This section entitles individuals to be recognized as dentists if their names are entered in the register related to the profession of dentistry in the state. This recognition can be obtained through holding a recognized dental qualification or engaging in dental practice as their primary source of livelihood for at least five years prior to the prescribed date under Section 32. The petitioners have obtained individual registration certificates, confirming their recognition as dentists under Section 33(b).
Advocate FA Natnoo further explained that a communication dated November 17, 2022, from the Convener District Registering Authority under the Clinical Establishments (Registration and Regulation) Act, 2010, states that possession of a recognized qualification, i.e., graduation as per the Clinical Establishment (Registration and Regulation) Act, 2010, is required to operate a dental clinic. The petitioners argue that this communication has created a potential threat of closure for their well-established dental clinics, as their certificate renewal may not be possible.
The petitioners’ counsel contends that the situation, as indicated by the aforementioned communication, contradicts the provisions of the Dentists Act, 1948. This act recognizes individuals with recognized dental qualifications and those with a minimum of five years of experience or practice, allowing them to practice dentistry in the state, now the Union Territory of Jammu and Kashmir.
As a result, the court directed the CMO Jammu to issue provisional registration to the petitioners, enabling them to continue operating their existing dental clinics. |
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