Petitioner sought admission to increased intake after settling bank loan. Court noted Government refused renewal and deadline passed. Dismissed the petition but directed Government to consider renewal for the next academic year.
Writ petition dismissed; Government directed to consider renewal request for next academic year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940
WP(C).No. 24725 of 2018
PETITIONER/S:
THE CHAIRMAN, NOORUL ISLAM TRUST, PERUMPILLICHIRA P.O., THODUPUZHA, ERNAKULAM DISTRICT.
BY ADV. SRI. KURIAN GEORGE KANNANTHANAM (SR.)
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE DEPARTMENT, NIRMAN BHAVAN, NEW DELHI - 110011.
2 THE DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, ALWAN-E-GHARIB MARG, KOTLA ROAD, NEW DELHI - 110002.
3 THE KERALA UNIVERSITY OF HEALTH SCIENCE, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., TRICHUR - 680596.
4 COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695001.
ADDL.5 ASSISTANT GENERAL MANAGER,STATE BANK OF INDIA,STRESSED ASSETS MANAGEMENT BRANCH,NO.32/1747, 7TH FLOOR, VANKARATH TOWERS, PALARIVATTOM, KOCHI-682014
IS IMPLEADED AS PER ORDER DATED 26.07.2018 IN I.A. NO.13554/2018.
BY ADVS. CENTRAL GOVERNMENT COUNSEL - CGC SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SRI.AMAL GEORGE SC SBI SRI. GEORGE THOMAS (MEVADA)(SR.)
WP(C).No. 24725 of 2018 2
SRI.HARIDAS P.NAIR CGC SRI.PRAKASH M.P. SC DENTAL COUNCIL OF INDIA SRI.P.SREEKUMARSCKERALA UTY.HEALTH AND ALLIED SCIENCE BY SPECIAL GOVERNMENT PLEADER, SRI.M.A.ASIF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is a Trust, who runs a Dental College, by name, Al-Azhar Dental College, Thodupuzha. The petitioner's College was established in the year 2007 with a sanctioned intake of 50 seats. Thereafter, it was increased to 100 seats in the year 2014. The petitioner appears to have obtained a loan from the State Bank of India (for short, the 'Bank'). The Bank initiated SARFAESI proceedings. Based on the letter issued by the Bank, the Dental Council of India directed the petitioner to produce documents regarding settlement of Bank issues. This was challenged in W.P.(C) No.8393/2018. This Court as per the judgment dated 21.04.2018 directed the
WP(C).No. 24725 of 2018 3
petitioner to satisfy the Dental Council of India with regard to the financial viability for running the College and to produce necessary documents. The petitioner, not satisfied with the above direction, filed appeal before the Division Bench of this Court in W.A.No.949/2018. The Division Bench by judgment dated 22.05.2018 issued following directions:
“In the result, we dispose of this appeal upholding the judgment of the learned Single Judge, but at the same time directing the appellant to produce the original documents and clarifications regarding the settlement of bank issues before the third respondent on or before 11 a.m. on 25.05.2018. If documents are so produced, the third respondent will take into account those documents produced by the appellant also while passing orders based on the negative recommendation received from the first respondent on the renewal of approval sought for by the appellant. It is also directed that the appellant shall make available a copy of this judgment along with the documents and clarification which are to be produced by it.”
judgment, the Government of India passed Ext.P10 order. The
operative portion of the said order reads thus:
WP(C).No. 24725 of 2018 4
“In view of the above, it has been decided to accept the DCI's recommendation dated 27.04.2018 for non-renewal of 5th batch in BDS Course with increased intake from 50 to 100 seats for AY 2018-19 and also recommended for “stoppage of admissions” in BDS Courses for the academic session 2018-19 and the college shall not admit any student in BDS Course from the academic session 2018-19 onwards till the matter of recovery of loan is finally settled with the bankers.”
“In the above view of the matter, I am of the opinion that without recourse to the provisions for withdrawal of recognition of the course, the stopping of the admission for 50 seats which had recognition as per Exts.P2 and P3 could not have been taken by the respondents. In the above view of the matter, I am of the opinion that while upholding the decision in Ext.P10 with regard to withdrawal of letter of permission for intake of the additional 50 students, the petitioner is entitled to make admissions to the 50 seats which has recognition as per Exts.P2 and P3. The contentions of the parties on the merits of the matter are left
WP(C).No. 24725 of 2018 5
open. The respondents will be free to take action in accordance with law with regard to the withdrawal of recognition, if so advised.”
allowing the petitioner to make admission to 50 seats, this
Court negatived the petitioner's request for admission to the additional 50 seats.
The Bank also expressed their no objection in renewing the approval for the Academic Year 2018-19. The petitioner's case is that in the light of the above, they are entitled to admit
students to the 50 additional seats.
WP(C).No. 24725 of 2018 6
would argue that the Government of India never intended to
refuse renewal of increased intake from 50 to 100 seats and what was ordered was only a stoppage of admission subject to settlement of liability and therefore, on settling the liability, the petitioner is free to admit students for the increased intake
from 50 to 100 seats for the Academic Year 2018-19.
statement. It is stated in paragraph 6 of the statement as follows:
“It is submitted that the answering respondent vide order dated 30.05.2018 decided to accept the DCI's recommendation dated 27.04.2018 for nonrenewal of sth batch in BDS course with the increased intake from 50 to 100 seats for AY 2018-19 and also recommended for “stopping of admission” in BDS courses for the academic session 2018-19 and the college shall not admit any student in BDS course from the academic session 2018-19 onwards till the matter of recovery of loan is finally settled with the bankers.”
Government of India refused to renew additional intake from
WP(C).No. 24725 of 2018 7
50 to 100 seats for the academic year 2018-19. Since the
deadline for issuing the renewal is over, this Court cannot now permit the petitioner to admit students in increased intake from 50 to 100 seats. Therefore, the writ petition is only to be dismissed. Accordingly, it is dismissed. However, in the light of settling the liability, the Government of India shall consider the petitioner's request for renewal for the next Academic Year.
A.MUHAMED MUSTAQUE, JUDGE
ln
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1 | : TRUE COPY OF THE LETTER OF PERMISSION DATED 13.07.2007 ISSUED BY THE FIRST RESPONDENT. |
|---|---|
| EXT.P2 | : TRUE COPY OF THE NOTIFICATION DATED 24.01.2013 ISSUED BY THE FIRST RESPONDENT. |
| EXT.P3 | : TRUE COPY OF THE NOTIFICATION DATED 30.08.2016 ISSUED BY THE FIRST RESPONDENT. |
| EXT.P4 | : TRUE COPY OF THE ORDER DATED 14.07.2014 ISSUED BY THE GOVERNMENT OF INDIA. |
| EXT.P5 |
: TRUE COPY OF THE RECOMMENDATION DATED 29.12.2017 ISSUED BY THE SECOND RESPONDENT. |
WP(C).No. 24725 of 2018 8
| EXT.P6 | : TRUE COPY OF THE COMMUNICATION DATED 02.02.2018 ISSUED BY THE SECOND RESPONDENT. |
|---|---|
| EXT.P7 |
: TRUE COPY OF THE JUDGMENT DATED 21.4.2018 IN W.P.(C) NO.8393/2018 OF THIS HON'BLE COURT. |
| EXT.P8 | : TRUE COPY OF THE JUDGMENT DATED 22.05.2018 IN WA.949/2018 OF THIS HON'BLE COURT. |
| EXT.P9 | : TRUE COPY OF THE RECOMMENDATION DATED 27.04.2018 ISSUED BY THE SECOND RESPONDENT. |
| EXT.P10 | : COPY OF THE ORDER DATED 30.05.2018 ISSUED BY THE FIRST RESPONDENT. |
| EXT.P11 | : COPY OF THE JUDGMENT DATED 28.06.2018 IN W.P.(C) NO.19311/2018 OF THIS HON'BLE COURT. |
| EXT.P12 | : COPY OF THE ORDER DATED 11.07.2018 OF THE HEALTH & FAMILY WELFARE (S) DEPARTMENT. |
| EXT.P13 | : COPY OF THE PROCEEDINGS DATED 26.06.2018 OF THE DEBTS RECOVERY TRIBUNAL- 1, ERNAKULAM. |
| EXT.P14 | : COPY OF THE COVERING LETTER DATED 27.06.2018 FROM THE PETITIONER. |
| EXT.P15 |
: COPY OF THE REPRESENTATIION DATED 30.06.2018 TO THE FIRST RESPONDENT. |
| EXT.P16 |
: COPY OF THE REPRESENTATION DATED 30.06.2018 TO THE SECOND RESPONDENT. |
| EXT.P17 | : COPY OF THE NOTIFICATION DATED 11.06.2018 ISSUED BY THE SECOND RESPONDENT. |
| EXT.P18 | : COPY OF THE REPRESENTATION DATED 17.07.2018 ISSUED TO THE THIRD RESPONDENT. |
| EXT.P19 | : COPY OF THE REPRESENTATION DATED 17.07.2018 ISSUED TO THE FOURTH RESPONDENT. |
| EXT.P20 |
: TRUE COPIES OF SOME OF THE ORDERS PASSED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI. |
| EXT.P21 | : TRUE COPY OF RECOMMENDATION DATED 3.08.2018 BY THE DCI TO THE MINISTRY OF HEALTH AND FAMILY WELFARE. |
| EXT.P22 | : TRUE COPY OF THE LETTER DATED 27.07.2018 ISSUED BY THE STATE BANK OF INDIA. |
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
ln
WP(C).No. 24725 of 2018 9
3 issues framed by the court
Whether a dental college can admit students in increased seats after settling bank loan liability when the deadline for renewal has passed.
Whether the Government of India's order refusing renewal of increased intake is maintainable post-deadline.
Whether the writ petition should be dismissed given the settled liability and expired deadline for permission issuance.
Noorul Islam Trust
Union of India
Dental Council of India
Kerala University of Health Science
Commissioner for Entrance Examinations
Assistant General Manager, State Bank of India
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
