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The Director, Vasantdada Patil Dental College and Hospital, Kavalapur v. the Union of India, through Ministry of Health and Family Welfare Dental Education Section and Ors.

Bombay HC15 Aug 2012WP/9107/2012

Case brief

AI extract

What is this about?

Writ petition by a dental college challenging rejection of its application to increase MDS seats due to delay beyond its control. The Court directed the Union Government to forward the application documents to the Dental Council of India within one week.

What did the court decide?

Directed the Respondents to forward the Petitioner's application for increasing admission intake for the MDS course to the Dental Council of India within one week of receipt of the order.

The Director, Vasantdada Patil Dental… — Constitutional and Fundamental Rights | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.9107 OF 2012

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The Principal, Vasantdada Patil Dental College and Hospital

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Petitioner

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versus

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The Union of India through the Ministry of Health and Family Welfare, Dental Education Section

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Respondent

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Mr.S.A.Sawant for Petitioner.

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Mr.M.S.Bhardwaj for Respondent.

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CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ.

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DATE : 15 October 2012

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PC :

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Rule. Counsel for the Respondent waives service. By consent, the Rule is made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of learned counsel.

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The Petitioner is affiliated to the Maharashtra University of Health Sciences (`MUHS'). The Petitioner commenced instruction in the Masters of Dental Surgery course which has been recognized for

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2011-2012. The Petitioner applied to MUHS on 21 October 2011 for increasing the number of seats in the subjects of (i) Orthodontics and Dentofacial Orthopaedics and (ii) Conservative Dentistry and Endodontics from two to six for each subject. MUHS forwarded the application to the Director of Medical Education and Research (`DMER') in December 2011. An inspection of the college was carried out by DMER on 5 May 2012 after which a report was submitted recommending the grant of an essentiality certificate. The Government of Maharashtra granted an essentiality certificate on 30 June 2012. The essentiality certificate was thereafter corrected by DMER on 31 July 2012. MUHS granted its provisional affiliation on 4 August 2012. On 6 August 2012 the Petitioner forwarded to the Government of India in the Ministry of Health and Family Welfare the copies of the essentiality certificate, affiliation certificate and a deficit registration fee of Rs.2.00 lakh. The Petitioner has received a letter of rejection on 6 August 2012 on the ground that the essentiality certificate and consent of affiliation were not received by 31 July 2012 which was the last date for furnishing complete applications. Moreover, it has been stated that the application fee was short by an amount of Rs.2.00 lakh and hence the application filed by the Petitioners could not be considered for academic years 2013-2014. The Petitioner has been directed to re-apply for the academic year 2014-2015.

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It has been contended by the Petitioner that there was no delay on their part and as a result of the fire that took place in the Mantralaya the grant of an essentiality certificate by the State

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Government was initially held up. The essentiality certificate dated 30 June 2012 was corrected by a corrigendum dated 31 July 2012. Moreover, it has been submitted that MUHS changed its guidelines for conducting inspection for provisional affiliation and inspection was carried out on 3 August 2012 under the new guidelines. After the consent for provisional affiliation was received on 4 August 2012, the Petitioner forwarded all the documents by speed post on 6 August 2012. It has been submitted that at this stage, the application is only required to be forwarded to the Dental Council of India by the Union Government and that the rest of the time schedule can well be maintained.

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In our view, since the role of the Union Government at this stage is merely to forward the applications to the Dental Council of India, no prejudice will be caused if a direction is issued to the Union Government in the Ministry of Health and Family Welfare to forward the application filed by the Petitioner together with the essentiality certificate and consent of affiliation to the Dental Council of India. There has been no negligence on the part of Petitioner in pursuing its application and the delay which has occurred appears from the record to be for reasons beyond its control. The Union Government at this stage is only required to forward the application to the Dental Council. Hence, we are of the view that an appropriate direction can be issued as prayed. Unless such a direction is issued, the Petitioner would be relegated to seek an increase in intake capacity only for the year 2014-2015. The over all time schedule can still be maintained. However, it is made clear that this will not come in the way of a

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scrutiny being carried out by the Dental Council for the purposes of verifying whether there has been compliance by the Petitioner of all the necessary requirements.

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We accordingly direct the Respondents to forward the application of the Petitioner for increasing the admission intake for the MDS course to the Dental Council of India. This shall be done within a period of one week of the receipt of an authenticated copy of this order.

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The petition is disposed of in these terms. There shall be no order as to costs.

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(DR.D.Y.CHANDRACHUD, J.)

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MST

The Director, Vasantdada Patil Dental College and Hospital, Kavalapur v. the Union of India, through Ministry of Health and Family Welfare Dental Education Section and Ors.

Case brief

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The Director, Vasantdada Patil Dental College and Hospital, Kavalapur v. the Union of India, through Ministry of Health and Family Welfare Dental Education Section and Ors.

Case brief

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What did the court decide?

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