Allowed

Sarawagi Charitable Trust, Sgnr., v. Union of India and Anr.

Rajasthan HC9 Feb 2015CW/108/2015

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought directions to the Dental Council of India to process its application for renewing MDS course permission for the 2015-16 session and conduct an inspection before the statutory deadline, distinguishing this from pending litigation on retrospective regularisation.

What did the court decide?

Directions to the respondent-DCI to conduct inspection and consider the application for renewal of permission for MDS courses for Academic Session 2015-16 expeditiously before 28.2.15.

Sarawagi Charitable Trust, Sgnr., Vs Union of… — Education and Admissions | Rajasthan HC (2015)

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SARAWGI CHARITABLE TRUST, SRIGANGANAGAR VS. THE UNION OF INDIA & ANR. (S.B.C.WRIT PETITION NO.108/15)

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SARAWGI CHARITABLE TRUST, SRIGANGANAGAR VS. THE UNION OF INDIA & ANR. (S.B.C.WRIT PETITION NO.108/15)

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Dated:- 9.2.15.

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HON'BLE MR.JUSTICE SANGEET LODHA

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Mr.Manoj Bhandari, for the petitioner. Mr.Ravi Bhansali, for the respondents.

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By way of this writ petition, the petitioner is seeking directions to the respondents to grant renewal of the permission for admitting 3^rd batch of students of MDS Courses in 7 specialties for the Academic Session 2015-16. It is prayed that the respondents may be directed to process the application of the petitioner submitted on 4.10.14 and further to undertake the inspection of the petitioner College immediately and send recommendations to the Government of India before 28.2.15 as per the time schedule prescribed by the Dental Council of India (DCI).

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Having regard to short controversy involved, with the consent of learned counsels appearing for the parties, the matter is finally heard at this stage.

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Learned counsel appearing for the petitioner submitted that the petitioner has already made an application to the DCI on 4.10.14 seeking renewal of permission for admitting 3^rd batch of Students in MDS Course in 7 specialties for the

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SARAWGI CHARITABLE TRUST, SRIGANGANAGAR VS. THE UNION OF INDIA & ANR. (S.B.C.WRIT PETITION NO.108/15)

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Academic Sessions 2015-16, however, the application is not being processed by the DCI. It is submitted that as per the time schedule prescribed by the DCI, the application of the petitioner is required to be considered and the recommendations are required to be made by the DCI to the Government of India before 28.2.15. Learned counsel submitted that if the inspection is not conducted and the application of the petitioner Dental College is not processed, the very purpose of filing the writ petition shall stand frustrated.

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On the other hand, learned counsel appearing for the DCI submitted that the application made by the petitioner for regularizing the admissions made during the Academic Sessions 2013-14 and 2014-15 was considered by the DCI and the recommendations were made to the Central Government, however, the Central Government has refused to grant the renewal on the ground that under the Regulations, there is no provision for retrospective regularisation and the matter with regard to admission granted during the Academic Session 2013-14 and 2014-15 is pending consideration before the Hon'ble Supreme Court in SLP(C) No.27335/13 filed by the DCI. Learned counsel submitted that on the facts and in the circumstances of the

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SARAWGI CHARITABLE TRUST, SRIGANGANAGAR VS. THE UNION OF INDIA & ANR. (S.B.C.WRIT PETITION NO.108/15)

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case, it would not be feasible for the DCI to conduct the inspection of the petitioner Dental College and to send its appropriate recommendations for grant of renewal of permission to conduct MDS courses for Academic Session 2015-16, as prayed for.

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Indisputably, the matter alleged to be pending before the Hon'ble Supreme Court, relates to retrospective regularisation of 2013-14 and 2014-15 batches of MDS Courses in 6 specialties, which stands refused by the Central Government on the ground that there is no provision for retrospective regularisation under the Regulations. But then, in the instant case, the grievance of the petitioner is that the application preferred by it seeking renewal of application for admitting 3^rd batch of students in MDS Course in 7 specialties for Academic Session 2015-16 is not being processed by the respondent-DCI. Obviously, the renewal of permission is sought by the petitioner for the academic session, yet to commence and therefore, there is absolutely no reason why the application preferred by the petitioner should not be processed by the respondent-DCI in accordance with law, moreso when, as per the time schedule prescribed, the necessary recommendations, if any, are required to be made by the DCI to the Central Government latest by 28.2.15.

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SARAWGI CHARITABLE TRUST, SRIGANGANAGAR VS. THE UNION OF INDIA & ANR. (S.B.C.WRIT PETITION NO.108/15)

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In the considered opinion of this court, the respondentDCI must process the application preferred by the petitioner in accordance with the Regulations as per the time schedule and cannot be permitted to keep the same pending for indefinite period awaiting the decision of the Hon'ble Supreme Court in the Special Leave Petition preferred, which admittedly relate to the Academic Session 2013-14 and 2014-15.

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In this view of the matter, the writ petition is disposed of with the directions to the respondent-DCI to conduct the inspection and consider the application preferred by the petitioner seeking renewal of permission for admission of students in MDS Courses for the Academic Session 2015-16, in 7 specialties applied for, expeditiously, in any case, before 28.2.15. No order as to costs.

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(SANGEET LODHA),J.

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Aditya/

Sarawagi Charitable Trust, Sgnr., v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

Sarawagi Charitable Trust, Sgnr., v. Union of India and Anr.

Case brief

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What did the court decide?

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