Disposed

Karpaga Vinayaga Institute of v. The Dental council of India

Madras HC18 Sept 2018WP/23384/2018

Case brief

AI extract

What is this about?

Writ petition filed under Article 226 against the Tamil Nadu Dr. MGR Medical University seeking a direction to grant Letter of Consent of Affiliation for MDS courses. The court directed the university to consider the application and pass an order within eight weeks without insisting on the Essentiality Certificate.

What did the court decide?

Directed the second respondent to consider the application dated 30.10.2017 and pass appropriate orders granting Letter of Consent of Affiliation within eight weeks without insisting on the Essentiali

Karpaga Vinayaga Institute of Vs The Dental council… — Education and Admissions | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.09.2018

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CORAM :

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THE HONOURABLE MR.JUSTICE S.S.SUNDAR

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W.P.No.23384 of 2018

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Karpaga Vinayaga Institute of Dental Sciences, Rep. by its Principal Dr.Meera Thinkaran ... Petitioner Vs.

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The Dental Council of India, Rep. by its Secretary, Aiwan-E-galib Marg, Kotla Road,New Delhi - 110 002.

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The Tamil Nadu Dr. MGR Medical University, Rep. by its Registrar, No.69, Anna Salai, Guindy, Chennai - 600 032. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent University to consider the application dated 30.10.2017 submitted by the petitioner and grant Letter of Consent of Affiliation to the petitioner Institution for commencement of MDS Degree Courses in nine specialties without insisting on obtaining essentiality certificate from the Government of Tamil Nadu.

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For Petitioner : Mr.S.Udayakumar For Respondents : Mr.S.Hajamohideen Gisthi, for R1 No Appearance, for R2

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The Petition is filed for issuing a Writ of Mandamus, directing the second respondent to consider the application, dated 30.10.2017 submitted by the petitioner and grant Letter of Consent of Affiliation to the petitioner Institution for commencement of MDS Degree Courses in nine specialties without insisting on obtaining Essentiality Certificate from the Government of Tamil Nadu.

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the first respondent and

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https://hcservices.ecourts.gov.in/hcservices/

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perused the materials available on record.

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The learned counsel appearing for the petitioner produced a copy of an order of this Court in W.P.No.7413 of 2018, dated 12.04.2018, wherein in an identical matter, this Court after pointing out that Regulation 13 (b) of the 2006 Regulations is deleted, the stand taken by the University that there are regulations for granting Letter of Consent of Affiliation has not been accepted.

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The submission of the learned counsel for the petitioner is that the desirability and feasibility in the form of Essentiality Certificate from the State Government, is no longer required. Hence, there shall be a direction to the second respondent to consider the representation of the petitioner dated 30.10.2017 and pass appropriate orders on merits and in accordance with law, after giving an opportunity to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

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With the above direction, the Writ Petition is disposed
of. No costs.
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
pvs
To
1. The Secretary,
The Dental Council of India,
Aiwan-E-galib Marg,
Kotla Road, New Delhi - 110 002.

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The Registrar, The Tamil Nadu Dr. MGR Medical University, No.69, Anna Salai, Guindy, Chennai - 600 032.

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+1cc to Mr.Haja Mohideen, Gisthi, Advocate, S.R.No. 64372 +1cc to Mr.S.Udhaya Kumar, Advocate, S.R.No. 64728

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W.P.No.23384 of 2018

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MG(CO) GN(05/10/2018)

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https://hcservices.ecourts.gov.in/hcservices/

Karpaga Vinayaga Institute of v. The Dental council of India

Case brief

What is this about?

What did the court decide?

Karpaga Vinayaga Institute of v. The Dental council of India

Case brief

What is this about?

What did the court decide?

What the court decided

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