Allowed

The Principal, Noorul Islam College of Dental Science v. Union of India

Kerala HC3 Dec 2018WP(C)/14676/2015

Case brief

AI extract

What is this about?

MDS colleges challenged refusal to renew permission, and regularisation of admissions was sought. The court allowed the challenges, directed issuance of permission within two months and regularisation of admissions, with publication of results and issuance of certificates. It also recalled the interim inspection direction.

What did the court decide?

Central Government to issue permission within two months; University to regularise admissions and issue certificates; students' results to be published.

The Principal, Noorul Islam College of Dental… — Education and Admissions | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

¶5

WP(C).No. 14676 of 2015

¶6

PETITIONER:

¶7

THE PRINCIPAL, AGED 50 YEARS NOORUL ISLAM COLLEGE OF DENTAL SCIENCE, NIMS MEDICITY, ARALUMMOODU P.O.,NEYYATTINKARA, THIRUVANANTHAPURAM-695 123.

¶8

BY ADVS. SRI.T.B.HOOD SMT.M.ISHA

¶9

RESPONDENTS:

¶10

1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,MINISTRY OF HEALTH AND FAMILY WELFARE (DENTAL EDUCATION SECTION), NIRMAN BHAVAN, NEW DELHI 110 001.

¶11

2 DENTAL COUNCIL OF INDIA ALWAN-E-GALIB MARG, KOTLA ROAD, NEW DELHI-110 002, REPRESENTED BY ITS SECRETARY.

¶12

BY ADVS. SRI.B.RAMACHANDRAN, CGC SRI.TITUS MANI VETTOM, SC, DENTAL COUNCIL OF INDIA SRI.B.RAMACHANDRAN CGC SRI.PRAKASH M.P. SC DENTAL COUNCIL OF INDIA SRI.TITUS MANI VETTOM SC DENTAL COUNCIL OF INDIA

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2018, ALONG WITH WP(C).9642/2016, WP(C).15364/2015, WP(C).39530/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶15

..2..

¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶19

MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

¶20

WP(C).No. 9642 of 2016

¶21

PETITIONER:

¶22

ANNOOR DENTAL COLLEGE AND HOSPITAL ANNOOR EDUCATIONAL TRUST, MARKET P.O., KAVUMKARA, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 673, REPRESENTED BY THE DIRECTOR.

¶23

BY ADVS. SRI.GEORGE POONTHOTTAM SMT.NISHA GEORGE

¶24

RESPONDENT:

¶25

KERALA UNIVERSITY OF HEALTH SCIENCES, MULAMKUNNATHUKAVU, MEDICAL COLLEGE P.O., TRICHUR - 680 596, REPRESENTED BY THE REGISTRAR.

¶26

BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.P.SREEKUMARSCKERALA UTY.HEALTH AMPAMP

¶27

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2018, ALONG WITH WP(C).39530/2016, WP(C).14676/2015, WP(C).15364/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶28

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶29

..3..

¶30

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶31

PRESENT

¶32

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶33

MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

¶34

WP(C).No. 15364 of 2015

¶35

PETITIONER:

¶36

ANNOOR DENTAL COLLEGE AND HOSPITAL ANNOOR EDUCATIONAL TRUST, MARKET PO, KAVUMKARA, MUVATTUPUZHA, ERNAKULAM DISTRICT686 673, REPRESENTED BY THE CHAIRMAN (ADMN)

¶37

BY ADV. SRI.GEORGE POONTHOTTAM

¶38

RESPONDENTS:

¶39

1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, (DENTAL EDUCATION SECTION)NIRMAN BHAVAN, NEW DELHI 110001

¶40

2 THE DENTAL COUNCIL OF INDIA REPRESENTED BY THE SECRETARY, AIWAN E GALIB MARG,KOTLA ROAD, NEW DELHI 110 002

¶41

BY ADVS. SMT.MAHESWARY.G., CGC SRI.TITUS MANI VETTOM, SC, DENTAL COUNCIL OF INDIA SMT.MAHESWARY.G. CGC SRI.PRAKASH M.P. SC DENTAL COUNCIL OF INDIA SRI.TITUS MANI VETTOM SC DENTAL COUNCIL OF INDIA

¶42

SRI.TITUS MANI VETTOM, SC, DENTAL COUNCIL OF INDIA

¶43

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2018, ALONG WITH WP(C).9642/2016, WP(C).39530/2016, WP(C).14676/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶44

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶45

..4..

¶46

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

¶48

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶49

MONDAY ,THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

¶50

WP(C).No. 39530 of 2016

¶51

PETITIONER:

¶52

ARACHA ANIL AGED 29 YEARS MANIPUZHA HOUSE, KARINILAM P.O.,MUNDAKKAYAM,KOTTAYAM DISTRICT.

¶53

BY ADV. SRI.GEORGE POONTHOTTAM

¶54

RESPONDENT:

¶55

THE KERALA UNIVERSITY THRISSUR - 680 596,REPRESENTED BY ITS REGISTRAR.

¶56

BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.P.SREEKUMARSCKERALA UTY.HEALTH AND ALLIED SCIENCE

¶57

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.12.2018, ALONG WITH WP(C).9642/2016, WP(C).14676/2015, WP(C).15364/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶58

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶59

..5..

¶60

JUDGMENT

¶61

These writ petitions are filed by the Dental

¶62

College, they were given permission for MDS course. Dental Council of India (DCI) gave negative recommendation for the academic year 2015-2016. Consequently, Union of India refused

¶63

to renew the permission for MDS course.

¶64

The college filed writ petitions, this Court on 28.05.2015, passed an interim order directing the Dental Council of India to conduct an inspection and file a report of inspection before the Court. This order was subjected to

¶65

challenge before the Division Bench. The Division Bench did not find any fault with the directions. The case of Dental Council of India was that, after the cut off date on 28.02.2015, it was not possible for the Dental council of

¶66

India to give recommendation and therefore, it

¶67

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶68

was not possible for them to conduct an inspection. The matter was carried to the Apex Court by special Leave Petition(SLP). Special leave was dismissed giving liberty to the Dental Council of India to raise the objections during the final hearing of the writ petition.

¶69

In the meanwhile, another interim order

¶70

was passed by this Court on 09.06.2015, the order is reproduced herein.

¶71

“ The petitioners in both the Writ Petitions are Dental Colleges which had permission of the Government of India in the earlier years. The petitioner in WP.(C)No.15364/2015 had been carrying on a Dental College,inter alia an MDS Course for the last two years, the renewal of which is the subject matter of the above writ petition. W.Р.(C) No.14676/2015 is by a college which had been carrying on the BDS Course for more than five years and had obtained permission of the Government of India for carrying on two MDS Courses in the previous year. The renewal in the present academic year is the grievance put forth in the said writ petitions.

¶72

2. In W.P.(C) No. 14676/2015, as early as on 19.5.2015, there was an order directing the Dental Council of India to cause an inspection of the premises of the petitioner's college and to ascertain whether there has, in fact, been a rectification of the deficiencies pointed out in

¶73

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶74

..7..

¶75

Exts. P2 and P3 communications. The deficiencies noticed in Exts. P2 and P3 communications are the following:

¶76

“Ext P2:

¶77

Orthodontics&Dentofacial Orthopedics with 2 seats

¶78

The college authorities be asked to fulfill the following deficiencies and furnish the Compliance Report to this Council for furtherance in the matter:

¶79

Library: There is deficiency of national Journals in speciality & related against the requirement of 2 to 4.

¶80

Ext.P3:

¶81

Conservative Dentistry and Endodontics with 2 seats

¶82

The college authorities be asked to fulfill the following deficiencies and furnish the Compliance Report to this Council for furtherance in the matter:

¶83

Equipments: No. of Dental Chairs be furnished in the speciality”

¶84

The petitioner is said to have replied to the same by Exts.P4and P5, the receipt of which is refuted by the Dental Council of India. Subsequently, a letter dated 13.3.2015 (Ext.P6)was issued by the Central Government calling the petitioner for a hearing, pursuant to which the Dental Council of India was directed to reconsider the matter. However, an order at Ext.P9 was passed merely stating that the last date of recommendation to the Government of India being 28.2.2015, the same cannot be considered. It was in this context that this Court directed an inspection to be conducted by interim order dated 19.5.2015. The Dental Council filed an appeal from the above order, which has been dismissed by a Division Bench by judgment dated 28.5.2015. The learned

¶85

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶86

..8..

¶87

Standing Counsel appearing for the Dental Council of India submits that the Dental Council has filed an S.L.P. from the above case and that the Diary number has been obtained.

¶88

3. With respect to W.P.(C) No.15364/2015 the inspection was conducted in the College on 6.1.2015, when the defects as per Ext.P4 were noticed as here under:

¶89

“1. Equipments: There are deficiencies of equipments i.e. Autoclaves for Hand Piece Sterilization -1, Duplicator 1, Pickling Kit.

¶90

2.Laboratory not yet functional.

¶91

3. Clinical Material:- Clinical material needs to be increased.”

¶92

The petitioner is said to have rectified the said defects and filed Ext.P5, upon which a second inspection was conducted on 20.2.2015, the report of which is seen at Ext.P6 and the renewal was declined for the following reasons:

¶93

1. Staff.- Dr.Liza George, HOD reported at 10.30 am and her Bio-metric punch was also not recorded.

¶94

2.There is no coordination between Bio-metric and Master role attendance with respect to the most of teaching faculty members.

¶95

3. None of the Medical staff were physically present during the day of inspection.

¶96

4. Equipments- In P G wing 6 dental (six dental)chairs were not quipped with light cure gun.

¶97

5. There is deficiency of Automatic developer in department.

¶98

6. There is no proper radiation safety measures in R V G.

¶99

7. Library:. Three is shortage of one international journal with 10 years of back volume.

¶100

8. Subscription for hard copy Journals & E-

¶101

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶102

..9..

¶103

library for the year4 2015 were not renewed.

¶104

9. Lab costing lab needs to be in operational condition.

¶105

In the said case also the Government of India directed fresh consideration, which however was declined by Ext.P9,pursuant to the receipt of which, the petitioner had filed W.P. (C) No.15364/2015. The writ petition was adjourned since the order passed in a similar matter was pending in appeal.

¶106

4. However, when the appeal was dismissed, this Court had directed the Dental Council of India to conduct an inspection and file a report of the inspection before this Court on or before 4.6.2015, in both the aforesaid writ petitions. It was also made clear that while producing the copy of the report, it shall be ensured that the same is transmitted to the Dental Council of India immediately on finalising the report. The said directions were issued only in the contingency of the admissions closing on 10.06.2015 as directed by the Hon'ble Supreme Court.

¶107

5. The learned counsel for the petitioners would contend that the petitioner Colleges were having permission of the Government of India, on the recommendation made by the Dental Council of India, for the earlier years and though the renuvewal application was submitted at the proper time, there was laxity insofar as carrying out the inspection and also indimating the defects which are to be cured. The defects, as notice in the various communications addressed, are also not serious in nature as to invite the renewal being declined, is the contention.

¶108

6. The learned Standing Counsel for the Dental council of India however, would primarily contend that since the Special Leave Petition is pending, this Court may not issue

¶109

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶110

..10..

¶111

any orders directing consideration of the recommendation or permitting admissions to be made. The learned Standing Counsel would rely on Medical Council of India v. Rajiv Gandhi University of Health Sciences and Others (2004) 6 SCC 76 and Priya Gupta v. State of Chhattisgarh and others (2012) 7 SCC 433 to contend that there can be no direction issued by this court which would go against the schedule of admission brought out by the Dental Council of India and approved by the Hon'ble Supreme Court.

¶112

7. The schedule, as has been produced here, mandates an application to the Central Government before the 30^th June of the previous year and forwarding of applications by the Central Government to the Dental Council of India before 31^st July. Admittedly, both the petitioners had filed applications within time and the same was received by the Dental Council of India before31.07.2014. The recommendation of the Dental Council of India to the Central Government has to be made on or before 28.2.2015.

¶113

8. The inspection with respect to W.P. (C)No.14676/2015 was conducted on 13.1.205 and the defects noticed were as extracted above. The petitioner therein has specifically replied to the said defects noticed, pointing out that the National Journals for Orthodontics and Dento Facial Orthopedics is available in their library and that there are six dental chairs in the department of Conservative Dentistry. The defect noticed with respect to the dental chairs is as vague as it can be, since no specified number is indicated in Ext.P3. However, after hearing, as directed by the Central Government, the Dental Council reiterated the very same reasons in Ext.P7 order dated 27.3.2015.

¶114

9. As far as W.P.(C) No.15364/2015 is

¶115

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶116

..11..

¶117

concerned,again the defects noticed on inspection is evident at Ext.P4,none of which have been found to be existing when the second inspection was conducted. The defects noticed on the second inspection at Ext.P6, are said to be inter alia absence of medical staff during the day of inspection. Again, though Government of India directed fresh consideration, the Dental Council of India chose to reiterate the very same objections in the order dated 27.3.2015.

¶118

10. With respect to the reasons stated in Exts.P9 andP10 produced in W.P.(C) No. 14676/2015, the recommendation has been declined for reason of the last date having expired on 28.2.2015. However, even going by the final composite order dated 27.3.2015, produced in both the writ petitions, issued by the Dental Council of India, the Central Government had extended the date till 31.3.2015.It was in the circumstance of the Dental Council of India having not made a proper verification of the rectification of defects that this Court directed an inspection to be conducted and a report to be filed.

¶119

11. The interim orders were challenged in Writ Appeal and the same were dismissed. Even now, the report is not placed before this Court and the learned Standing Counsel would contend that since SLP is filed before the Hon'ble Supreme Court, the Dental Council of India has desisted from complying with the orders issued by this Court.

¶120

12. In such circumstance, it is only proper that the petitioners be permitted to provisionally admit the students to the MDS Course, the number of which is two each for the two MDS courses in W.P.(C) No.14676/2015 and two in w.P.(C) No. 15364/2015. The petitioner Colleges shall specifically indicate to the students that the allotment would be subject to

¶121

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶122

the result of the writ petitions and that the admissions shall be provisional and shall not confer any right on them much less any equity for continuance in the course. It is made clear that the said order is issued only in the context of the fact that the last date of admissions are coming to a close on 10.06.2015 and the petitioners may not be prejudiced insofar as no admissions being made before that date, and definitely the same would be subject to the orders passed by the Hon'ble Supreme Court in the SLP filed by the Dental Council of India.

¶123

Pursuant to the above interim order

¶124

students were admitted and they now have completed the course. The learned counsel for

¶125

the petitioner would submit that the deficiencies which were noted by the Dental Council of India originally were not in existence at the subsequent inspection, and further, on account of the erroneous order passed by the DCI giving negative recommendation, renewal of permission cannot be denied.

¶126

Per contra the learned counsel for the

¶127

Dental Council of India placing reliance on

¶128

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶129

Medical Council of India V. Principal, KMCT Medical College and another [(2017) 13 SCC 115] , Dental Council of India V. Dr.Hedgewar Smruti Rugna Seva Mandal, Hingoli and others [(2018) 9 SCC 766] and unreported judgment in Civil Appeal 10372/2018 argued that, time schedule under the Dental Regulation will have to be strictly followed and any admission made in violation of Dental council of India Regulations will have to be seriously dealt with. Further submitted that the Court cannot direct to admit students in violation of Dental Council of India Regulations and schedule prescribed. The learned counsel further pointed out that in the matters of irregular admission, the Apex Court frowned upon the conduct of colleges admitting such students and imposed heavy costs. It is submitted that the Dental Council of India being an Apex body,

¶130

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶131

Court should not interfere with such inspection report and substitute the wisdom of the Dental Council of India, and therefore, argued that the admission if any made was irregular and therefore petitioners are not entitled for any relief. It is further pointed out that in the interim order

¶132

passed by this Court on 09.06.2015, it is specifically mentioned that any admission would be provisional and shall not confer any right on such students much as an equity for continuing in the course. Therefore, students admitted cannot claim any equity based on the interim order passed by this Court.

¶133

One of the students admitted in Annoor

¶134

Dental College and Hospital in writ petition 15364/2015 also filed writ petition seeking

¶135

relief against Kerala University of Health Sciences for regularising her course. Since

¶136

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶137

common issue arises in all these writ petitions, it is appropriate all these writ petitions are disposed by a common judgment.

¶138

In regard to Annoor Dental College and

¶139

Hospital, initial inspection report noted two

¶140

deficiencies, vide Ext.P4 in writ petition

¶141

15364/2015, those deficiency are as follows:

¶142

“1. Equipments: There are deficiencies of equipments i.e. Autoclaves for Hand Piece Sterilization -1, Duplicator 1, Pickling Kit.

¶143

2.Laboratory not yet functional.

¶144

3. Clinical Material:- Clinical material needs to be increased.”

¶145

Thereafter, based on the compliance

¶146

report of college another inspection was

¶147

conducted and following deficiencies were noted.

¶148

“1. Staff.- Dr.Liza George, HOD reported at 10.30 am and her Biometric punch was also not recorded.

¶149

2.There is no coordination between Bio-metric and Master role attendance

¶150

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶151

..16..

¶152

with respect to the most of teaching faculty members.

¶153

3. None of the Medical staff were physically present during the day of inspection.

¶154

4. Equipments- In P G wing 6 dental (six dental)chairs were not quipped with light cure gun.

¶155

5. There is deficiency of Automatic developer in department.

¶156

6. There is no proper radiation safety measures in R V G.

¶157

7. Library:. Three is shortage of one inter-national journal with 10 years of back volume.

¶158

8. Subscription for hard copy Journals & E-library for the year4 2015 were not renewed.

¶159

9. Lab costing lab needs to be in operational condition.”

¶160

Since it was noted that deficiency

¶161

existed in the college, Dental Council of India on last date i.e., 20.08.2015, given a negative

¶162

recommendation. Government of India based on

¶163

recommendation decided not to grant renewal of permission for the academic year 2015-2016.

¶164

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶165

College of Dental Science the following

¶166

deficiencies were originally noted.

¶167

“Ext P2:

¶168

Orthodontics&Dentofacial Orthopedics with 2 seats

¶169

The college authorities be asked to fulfill the following deficiencies and furnish the Compliance Report to this Council for furtherance in the matter:

¶170

Library: There is deficiency of national Journals in speciality & related against the requirement of 2 to 4.

¶171

Ext.P3:

¶172

Conservative Dentistry and Endodontics with 2 seats

¶173

The college authorities be asked to fulfill the following deficiencies and furnish the Compliance Report to this Council for furtherance in the matter:

¶174

Equipments: No.of Dental Chairs be furnished in the speciality.”

¶175

The learned Standing Counsel for the

¶176

Dental Council of India would submitted that no

¶177

compliance report was filed after noting

¶178

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶179

deficiencies as above. Anyhow Government of India rejected the renewal of permission.

¶180

There cannot be any dispute as to the

¶181

requirements to follow the time schedule under the Regulations. The interim order dated 28.05.2015, therefore has to be re-called. Apex Court in fact, reserved the right of DCI to raise its objection as to the interim order passed by this Court. Having considered the time schedule to comply with the requirements, I am of the view that the interim order has to be recalled accordingly, I do so.

¶182

It is to be noted that the deficiency as noted by the Dental Council of India, have been accepted by the Central Government without any opportunity given to the petitioner. It is noted in the matter of Annoor Dental college original

¶183

deficiencies were not there, in subsequent

¶184

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶185

report. subsequent deficiency pointed out was related to the absence of the staff. A mere explanation would have been sufficient for the Central Government to repel the negative recommendations. The Central Government cannot act mechanically based on the negative recommendations given by the Dental Council. They have to apply its mind and solicit explanation and decide whether permission could be renewed or not. It appears as per the impugned order the Central Government did not apply its mind. At this distance of time there is no point in examining whether the staff was really available or not by the central Government. In such circumstances, I am of the view that the renewal of permission has to be interfered with. It is to be noted that the students completed the course, and there is no

¶186

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶187

..20..

¶188

point in regulating the matter to Central Government to find out whether the deficiency as pointed out by the General Council of India was genuine or not. Therefore, I am of the view that the W.P.(C)No. 15364/2015 has to be allowed. Consequently the writ petition filed by the

¶189

students for regularisation of the admission is also allowed. Both writ petitions are disposed as above.

¶190

In regard to the Noorul Islam Dental

¶191

college's case, there are two defects mainly noted: deficiency of journals and also in regard to the details of Dental Chairs. In regard to

¶192

the deficiency of journals, it is to be noted that it is a curable defect and that can be cured at any point of time. If that was cured and

¶193

reported, it would have been enough for the renewing the permission. In regard to the Dental

¶194

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶195

Chairs, it is not clear from the decision of the Dental Council of India, what exactly was the defect. Any how, the Central Government is bound to examine that matters before deciding not to renew the permission. As already adverted, the Central Government could not have acted mechanically. All these defects could have been cured before the Central Government acting upon the recommendations. It is to be noted that the

¶196

students who have been admitted to the course have completed the course. In consequence to this, I am of the considered view that this writ

¶197

petition is also to be allowed and the admission of the students who are admitted to the Course should be regularised. Students who were

¶198

admitted pursuant to the interim order of this

¶199

Court shall be treated as regular and their results shall be published accordingly.

¶200

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶201

In the light of the discussions above,

¶202

the Central Government is directed to issue a letter of permission for the academic year 20152016 within a period of two months. Once the letter of permission is issued, the University shall regularise the admission and issue

¶203

necessary certificates due to the students who were admitted pursuant to the interim direction of this Court.

¶204

The Writ Petition is disposed as above.

¶205

Sd/-

¶206

A.MUHAMED MUSTAQUE

¶207

JUDGE

¶208

PR/03.12.2018

¶209

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶210

..23..

¶211

APPENDIX OF WP(C) 14676/2015

¶212

PETITIONER'S EXHIBITS:

¶213

EXHIBIT P1 EXHIBIT-P1: TRUE COPY OF THE LETTER DATED 15.04.2014 SENT BY THE 1ST RESPONDENT TO THE PETITIONER CONVEYING PERMISSION OF THE CENTRAL GOVERNMENT TO START MDS COURSE IN TWO SPECIALTIES.

¶214

EXHIBIT P2 EXHIBIT-P2: TRUE COPY OF THE LETTER DATED 02.02.2015 SENT BY THE DENTAL COUNCIL TO THE PETITIONER POINTING OUT THE DEFICIENCY IN RESPECT OF MDS ORTHODONTICS & DENTOFACIAL ORTHOPAEDICS.

¶215

EXHIBIT P3 EXHIBIT-P3: TRUE COPY OF THE LETTER DATED 02.02.2015 SENT BY THE DENTAL COUNCIL TO THE PETITIONER POINTING OUT THE DEFICIENCY IN RESPECT OF MDS CONSERVATIVE & EDNDODONTICS.

¶216

EXHIBIT P4 EXHIBIT-P4: TRUE COPY OF THE COMPLAIANCE REPORT DATED 10.02.2015 REGARDING MDS COURSE IN ORTHODONTICS & DENTOFACIAL ORTHOPAEDICS.

¶217

EXHIBIT P5 EXHIBIT-P5: TRUE COPY OF THE COMPLIANCE REPORT DATED 10.02.2015 REGARDING MDS COURSE IN CONSERVATIVE & ENDODONTICS.

¶218

EXHIBIT P6 EXHIBIT-P6: TRUE COPY OF THE NOTICE DATED 13.03.2015 ISSUED TO THE PETITIONER BY THE CENTRAL GOVERNMENT, ALONG WITH RECOMMENDATION OF DENTAL COUNCIL ENCLOSED WITH IT.

¶219

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶220

..24..

¶221

EXHIBIT P7 EXHIBIT-P7: TRUE COPY OF THE LETTER DATED 27.03.2015 SENT BY THE DENTAL COUNCIL TO THE 1ST RESPONDENT.

¶222

EXHIBIT P8 EXHIBIT-P8: TRUE COPY OF THE LETTER DATED 31.03.2015 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

¶223

EXHIBIT P9 EXHIBIT-P9: TRUE COPY OF THE DENTAL COUNCIL LETTER DATED 07.04.2015 ISSUED TO PETITIONER IN RESPECT OF MDS COURSE IN ORTHODONTICS & DENTOFACIAL ORTHOPAEDICS.

¶224

EXHIBIT P10 EXHIBIT-P10: TRUE COPY OF THE DENTAL COUNCIL LETTER DATED 07.04.2015 ISSUED TO PETITIONER IN RESPECT OF MDS COURSE IN CONSERVATIVE & ENDODONTICS.

¶225

EXHIBIT P11 EXHIBIT-P11: TRUE COPY OF THE LETTER DATED 08.05.2015 SENT BY THE PETITIONER TO THE CENTRAL GOVERNMENT.

¶226

RESPONDENT'S/S EXHIBITS:

¶227

EXHIBIT R2(a) TRUE COPY OF LETTER DATED 15/04/2014 OF THE 1ST RESPONDENT TO THE PETITIONER.

¶228

EXHIBIT R2(b) TRUE COPY OF LETTER DATED 02/02/2015 OF THE 2ND RESPONDENT TO THE PETITIONER.

¶229

EXHIBIT R2(C) TRUE COPY OF LETTER DATED 28/02/2015 OF THE 2ND RESPONDENT TO THE PETITIONER.

¶230

EXHIBIT R2(d) TRUE COPY OF LETTER DATED 13/03/2015 OF THE 1ST RESPONDENT TO THE PETITIONER.

¶231

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶232

..25..

¶233

EXHIBIT R2(e) TRUE COPY OF LETTER DATED 19/03/2015 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT R2(f) TRUE COPY OF LETTER DATED 27/03/2015 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT(g) TRUE COPY OF LETTER DATED 31/03/2015 OF THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT R2(h) TRUE COPY OF THE ORDER DATED 19/05/2015 IN WP(C)NO.14676/2015 OF THIS HON'BLE COURT. EXHIBIT R2(i) TRUE COPY OF THE ORDER DAED 28/05/2015 IN WA NO.1045/2015 OF THIS HON'BLE COURT. EXHIBIT R2(J) TRUE COPY OF THE RELEVANT PAGES OF ORDER DATED 09/06/2015 IN WP(C)NO.14676/2015 OF THIS HON'BLE COURT. EXHIBIT R2(k) TRUE COPY OF THE ORDER DATED 08/07/2015 IN SLP(C)NO.16749/2015 OF THE HON'BLE SUPREME COURT. EXHIBIT R2(L) TRUE COPY OF THE LETTER DATED 26/02/2016 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT AND LETTER DATED 18/03/2015 OF THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT R2(m) TRUE COPY OF THE DENTISTS AMENDMENT ACT, 1993 (ACT 30/1993). EXHIBIT R2(n) TRUE COPY OF THE NOTIFICATION DATED 16/01/2016.

¶234

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶235

..26..

¶236

APPENDIX OF WP(C) 9642/2016

¶237

PETITIONER'S EXHIBITS:

¶238

EXHIBIT P1 P1 - TRUE COPY OF THE LETTER DT. 28.1.2015 BY THE DENTAL COUNCIL OF INDIA. EXHIBIT P2 P2 - TRUE COPY OF THE LETTER DT. 28.2.2015 BY THE DENTAL COUNCIL OF INDIA. EXHIBIT P3 P3- TRUE COPY OF THE HEARING NOTICE DT. 13.3.2015. EXHIBIT P4 P4 - TRUE COPY OF THE COMPLIANCE REPORT DT. 16.3.2015. EXHIBIT P5 P5 - TRUE COPY OF THE COMMUNICATION DT. 27.3.2015. EXHIBIT P6 P6 - TRUE COPY OF THE COMMUNICATION DATED ON 31.3.2015 ISSUED BY THE GOVT. OF INDIA. EXHIBIT P7 P7 - TRUE COPY OF THE ORDER DT. 28.5.2015 PASSED BY THIS HON'BLE IN WPC 15364/2015. EXHIBIT P8 P8 - TRUE COPY OF THE ORDER DT. 09.6.2015 PASSEDBY THIS HON'BLE COURT IN WPC 15364/2015. EXHIBIT P9 P9 - TRUE COPY OF THE ORDER DT. 15.7.2015 PASSED BY THE HON'BLE SUPREME COURT IN SLP NO. 17386/2015. EXHIBIT P10 P10 - TRUE COPY OF THE COMMUNICATION DT. 14.7.2015. EXHIBIT P11 P11 - TRUE COPY OF THE COMMUNICATION DT. 28.7.2015.

¶239

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶240

..27..

¶241

EXHIBIT P12 P12 - TRUE COPY OF THE COMMUNICATION DT. 25.1.2016.

¶242

EXHIBIT P13 P13 - TRUE COPY OF THE COMMUNICATION DT. 17.2.2016.

¶243

EXHIBIT P14 P14 - TRUE COPY OF THE COMMUNICATION DT. 01.3.2016.

¶244

EXHIBIT P15 P15 - TRUE COPY OF THE COMMUNICATION NO.15865/AC A/KUHS/2015 DATED 01.06.2016 ISSUED BY THE RESPONDENT UNIVERSITY.(WITH TYPED COPY)

¶245

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶246

..28..

¶247

APPENDIX OF WP(C) 15364/2015

¶248

PETITIONER'S EXHIBITS:

¶249

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT NO.V 12017/33/2012 DE DATED 20.03.2013

¶250

EXHIBIT P2 TRUE COPY OF THE LETTER NO.V 1201/33/2012-DE DATED 10.04.2013

¶251

EXHIBIT P3 TRUE COPY OF THE LETTER NO.V 12017/01/2014 DE DATED 15.04.2014

¶252

EXHIBIT P4 TRUE COPY OF THE LETTER NO.DE 15(204)2014/13946 DATED 28.01.2015

¶253

EXHIBIT P5 TRUE COPY OF THE REPORT NO.LTR/ADC/056-2015 DATED 04.02.2014 EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO.DE 15(204) 2014/A-1023 DATED 28.02.2015

¶254

EXHIBIT P7 TRUE COPY OF THE LETTER NO. V-12025/72015-DE DATED 13.03.2015

¶255

EXHIBIT P8 TRUE COPY OF THE REMARKS NO.LTR/ADC/099/2015 DATED 16.03.2015

¶256

EXHIBIT P9 TRUE COPY OF THE LETTER NO.DE-14-201418545 DATED 27.03.2015

¶257

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION NO.DATED 31.03.2015

¶258

RESPONDENT'S/S EXHIBITS:

¶259

EXHIBIT R1 NIL

¶260

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶261

..29..

¶262

EXHIBIT R2 A	TRUE COPY OF OF THE 1ST PETITIONER.	LETTER DATED 20.03.2013 RESPONDENT TO THE
EXHIBIT R2 B	TRUE COPY OF	LETTER DATED 15.04.2014
	OF THE 1ST PETITIONER.	RESPONDENT TO THE
EXHIBIT R2 C	TRUE COPY OF	LETTER DATED 28.01.2015
	OF THE 2ND PETITIONER.	RESPONDENT TO THE
EXHIBIT R2 D	TRUE COPY OF	LETTER DATED 04.02.2014
	OF THE PET RESPONDENT.	ITIONER TO THE 2ND
EXHIBIT R2 E	TRUE COPY OF	LETTER DATED 28.02.2015
	OF THE 2ND RESPONDENT.	RESPONDENT TO THE 1ST
EXHIBIT R2 F	TRUE COPY OF OF THE 1ST PETITIONER.	LETTER DATED 13.03.2015 RESPONDENT TO THE
EXHIBIT R2 G	TRUE COPY OF	LETTER DATED 19.03.2015
	OF THE 1ST RESPONDENT.	RESPONDENT TO THE 2ND
EXHIBIT R2 H	TRUE COPY OF	LETTER DATED 27.03.2015
	OF THE 2ND RESPONDENT.	RESPONDENT TO THE 1ST
EXHIBIT R2 I	TRUE COPY 03.06.2015 IN HON'BLE COURT.	OF THE ORDER DATED WA NO.1106/2015 OF THIS
EXHIBIT R2 J	TRUE COPY	OF THE ORDER DATED
	03.06.2015 IN HON'BLE COURT.	WA NO.1106/2015 OF THIS

¶263

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶264

..30..

¶265

EXHIBIT R2 K TRUE COPY OF THE ORDER DATED 09.06.2015 IN WP(C)NO.15364/2015 OF THIS HON'BLE COURT. EXHIBIT R2 L TRUE COPY OF THE ORDER DATED 10.07.2015 IN SLP(C)NO.17386/2015 OF THE HON'BLE SUPREME COURT. EXHIBIT R2 M TRUE COPY OF LETTER DATED 11.01.2016 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT R2 N TRUE COPY OF LETTER DATED 01.03.3016 OF THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT R2 O TRUE COPY OF THE DENTISTS AMENDMENT ACT, 1993 (ACT 30/1993). EXHIBIT R2 P TRUE COPY OF THE NOTIFICATION DATED16.01.2006.

¶266

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶267

..31..

¶268

APPENDIX OF WP(C) 39530/2016

¶269

PETITIONER'S EXHIBITS:

¶270

EXHIBIT-P1: TRUE COPY OF THE ORDER DATED 31.3.2015 ISSUED BY THE GOVERNMENT OF INDIA. EXHIBIT-P2: TRUE COPY OF THE ORDER DATED 28.05.2015 PASSED BY THIS HON'BLE COURT IN W.P.C.NO.15364 OF 2015. EXHIBIT-P3: TRUE COPY OF THE JUDGMENT DATED 03.06.2015 PASSED BY THE DIVISION BENCH IN W.A.NO.1106 OF 2015. EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 09.06.2015 PASSED BY THIS HON'BLE COURT IN W.P.C.NO.15364 OF 2015. EXHIBIT-P5: TRUE COPY OF THE ORDER DATED 14.07.2015 ISSUED BY THE ADMISSION SUPERVISORY COMMITTEE APPROVING THE ADMISSION OF THE PETITIONER. EXHIBIT-P6: TRUE COPY OF THE COMMUNICATION DATED 28.07.2015 ISSUED BY THE PRINCIPAL OF THE COLLEGE TO THE HEALTH UNIVERSITY.

¶271

EXHIBIT-P7: TRUE COPY OF THE COMMUNICATION DATED 25.01.2016. EXHIBIT-P8: TRUE COPY OF THE COMMUNICATION DATED 17.02.2016 ISSUED BY THE UNIVERSITY TO THE PRINCIPAL OF THE COLLEGE.

¶272

EXHIBIT-P9: TRUE COPY OF THE COMMUNICATION DATED 01.03.2016 ISSUED BY THE GOVERNMENT OF INDIA.

¶273

EXHIBIT-P10: TRUE COPY OF THE ORDER DATED 14.03.2016 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.9642 OF 2016.

¶274

WP(C).Nos. 14676/15,15364/15,9642/16 & 39530/16

¶275

..32..

¶276

EXHIBIT-P11: TRUE COPY OF THE COMMUNICATION DATED 01.06.2016 ISSUED BY THE UNIVERSITY.

¶277

EXHIBIT-P12: TRUE COPY OF THE ORDER DATED 13.06.2016 PASSED BY THIS HON'BLE COURT IN I.A.NO.8040 OF 2016 IN W.P.C.NO.9642 OF 2016.

¶278

EXHIBIT-P13: TRUE COPY OF THE ORDER DATED 04.11.2016 IN I.A.NO.16935/2016 IN W.P.(C)NO.9642 OF 2016 PASSED BY THIS HON'BLE COURT

¶279

EXHIBIT-P14: TRUE COPY OF THE RESULTS OF THE PETITIONER AS DOWNLOADED FROM THE WEBSITE.

¶280

EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER DATED 20.12.2016 IN W.P.(C)NO.39530 OF 2016 PASSED BY THIS HON'BLE COURT.

The Principal, Noorul Islam College of Dental Science v. Union of India

Case brief

What is this about?

What did the court decide?

The Principal, Noorul Islam College of Dental Science v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sujatha.P Vs State of Kerala

K.Ibrahim Vs State of Kerala

Manager, J.M.H.S., Kollam Vs State of Kerala

Annoor Dental College and Hospital Vs Kerala University of Health Sciences

Sincy.P.S. Vs Institute of Human Resources Development

Annoor Dental College and Hospital Vs Union of India