DENTAL COUNCIL OF INDIA v. SUBHARTI K. K. B. CHARITABLE TRUST
2000-11-02
DORAISWAMY RAJU, M.JAGANNADHA RAO
body2000
DigiLaw.ai
( 1 ) PURSUANT to the order passed by this Court on 28-4-2000 and 2-5-2000 the Medical Council of India sent an inspection team consisting of Dr L. C. Chawla, ex-Vice-Chancellor, Baba Farid University of Health Sciences, Dr a. S. Bais, DDGIM, Ministry of Health and Family Welfare, Government of india and Dr J. K. Tandon, Inspector of the Medical Council. They made an inspection and have filed their report referring to the deficiencies that still exist and which have to be removed by the college authorities. Thereafter, counter-affidavit and rejoinder-affidavits have been filed. After hearing learned Solicitor-General of India for the Medical Council of India and also for the Union of India and learned Senior Counsel appearing for the college, we are directing further inspection in the light of the statement made by the respondents that they have now removed all the deficiencies. ( 2 ) WE are assured by the learned Solicitor-General who is appearing on behalf of the Medical Council of India that for the sake of continuity, in the peculiar facts and circumstances the same team (as far as possible) which conducted the previous inspection would be requested to conduct the inspection. He further stated that they will be requested to furnish the report immediately and in any event not later than 4 weeks from today. ( 3 ) WE accordingly direct that, as far as possible, the same medical team to make an inspection and file its report soon after the inspection. This may be done not later than four weeks from today. ( 4 ) LIST the matters in the 1st week of December 2000. SLPs (C) Nos. 22222 of 1997, 8464-65 of 1999, 16633 of 2000 and TP No. 437 of 1999: Dental college ( 5 ) PURSUANT to the directions issued by this Court by order dated 1-5-2000 the medical team headed by the Head of the Department of Postgraduate institute of Medical Sciences, Chandigarh had filed its report and pointed out various deficiencies existing in the dental college set up by the respondents. ( 6 ) LEARNED Solicitor-General has taken us through the report and the deficiencies mentioned therein. ( 7 ) LEARNED Senior Counsel appearing for the institution has made an effort to say that there is a valid explanation with regard to the deficiencies pointed out by the Dental Council of India.
( 6 ) LEARNED Solicitor-General has taken us through the report and the deficiencies mentioned therein. ( 7 ) LEARNED Senior Counsel appearing for the institution has made an effort to say that there is a valid explanation with regard to the deficiencies pointed out by the Dental Council of India. But we make it clear that we are not inclined to accept any explanation in regard to the deficiencies pointed out by the inspection team. It will be for the team to certify to this Court that every deficiency has been rectified. ( 8 ) LEARNED Senior Counsel appearing for the respondents states that all defects have been removed and that fresh inspection can now be made. We, therefore, direct the Dental Council of India to request the same team, as far as possible, to make an inspection at an early date after issuing notice to the institution and conduct a fresh inspection and submit its report within four weeks from today. ( 9 ) THE matters may be listed after the report is received. Till then the earlier orders granting injunction will continue.