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2011 DIGILAW 2348 (MAD)

Madha Dental College and Hospital, rep. by its Chairman v. Tamil Nadu Dr. MGR Medical University, rep. by its Registrar, Chennai

2011-04-26

P.JYOTHIMANI

body2011
Judgment :- 1. The Petitioner in this Writ Petition seeks for the issuance of a Writ of Certiorarified Mandamus to call for the records comprised in proc. Bearing R.C. No. Affln IV (3)/21391/2010 on the file of the First Respondent dated 22.3.2011 as confirmed in further communication dated 29.3.2011 and to quash the same and consequently direct the Respondent to issue continuance of provisional affiliation for the academic year 2010-2011 in favour of the Petitioner. 2. In the earlier Writ Petition in W.P.No. 19580 of 2010 filed by the Petitioner Institution, which was a for a declaration seeking to declare the recommendations of the Dental Council of India addressed to the Union of India, First Respondent therein, pursuant to the investigation conducted on 2.8.2010 on the Petitioner institution, as biased, mala fide, arbitrary, discriminatory and unsustainable in law, this Court, by order dated 22.9.2010, in the elaborate judgment, after following the judgment of the Hon’ble Supreme Court of India in Medical Council of India v. State of Karnataka, 1998 (6) SCC 131 , has declared the impugned communication as null and void by allowing the Writ Petition directing the Respondents, which includes the Dental Council of India, to renew permission to the Petitioner institution for 3rd year BDS Course and to allow admissions for fresh batch of students in BDS Course for the academic year 2010-2011. The operative portion of the said order reads as follows: “23. Following the ratio laid down by the Supreme Court in the above decisions and in view of my findings as above, I am of the firm view that the declaration sought for by the Petitioner has to be granted. Accordingly, the impugned communication of the First Respondent dated 14.7.2010 is declared as null and void. Writ Petition is allowed with a direction to the Respondent to renew permission to the Petitioner institution for a 3rd year BDS Course and to allow admissions for fresh batch of students in BDS Course for the academic year 2010-2011 forthwith, keeping in mind the fact that the last date for admission of students is 30.9.2010. Consequently, the connected M.P. No.1 of 2010 is closed.” 3. Consequently, the connected M.P. No.1 of 2010 is closed.” 3. Pursuant to the order passed by this Court, the Government of India, Ministry of Health and Family Welfare Department, in the order dated 28.9.2010, has granted permission to the Petitioner-College for renewal of 3rd year BDS Course with intake of 100 seats for the academic year 2010-2011. However, the fact remains that the Dental Council of India, who was a party in the Writ Petition, has not passed any orders. In the meantime, the First Respondent-University has passed the impugned order refusing to grant continuance of provisional affiliation for 3rd year BDS Course to the Petitioner- Institution for the academic year 2010-2011 on the ground that the S.L.P., which is stated to have been filed by the Dental Council of India, is pending before the Hon’ble Supreme Court. 4. It is the case of the Petitioner that the Hon’ble Supreme Court has not passed any orders in the S.L.P. stated to have been filed by the Dental Council of India, and, therefore, there was no impediment on the part of the First Respondent-University in granting provisional affiliation, as submitted by Mr. R. Krishnamurthy, learned Senior Council for the Petitioner. In such circumstances when the matter was not seized by the Hon’ble Supreme Court and no notice has been ordered in the S.L.P., the ground that has been taken in the impugned order for denying the continuance of provisional affiliation for 3rd year BDS Course for the academic year 2010-2011 is totally untenable. 5. Mr. A. Saravanan, learned counsel for the First Respondent University conceded that the fact that the S.L.P. is pending, may not be a ground for denying the provisional affiliation for 3rd year BDS Course for the academic year 2010-2011. He would further submit that the Dental Council of India has not given any permission for the continuance of approval for 3rd year BDS Course for the academic year 2010-2011 and unless and until the Dental Council of India grants approval, it is not open to the University to grant any provisional affiliation. 6. Unfortunately, that is not the ground which has been taken in the impugned order of the First Respondent-University. The ground that has been taken by the First Respondent-University for denying the issuance of provisional affiliation for the Academic year 2010-2011 is untenable. 6. Unfortunately, that is not the ground which has been taken in the impugned order of the First Respondent-University. The ground that has been taken by the First Respondent-University for denying the issuance of provisional affiliation for the Academic year 2010-2011 is untenable. The fact also remains that, as on today, the judgment dated 22.9.2010 passed by this Court, as stated above, is binding on all parties including the Dental Council of India. 7. In such view of the matter, the impugned order of the First Respondent-University is set aside with a direction to the Dental Council of India to pass appropriate orders regarding the grant of approval for continuance of 3rd year BDS Course for the academic year 2010-2011, if there are no other legal impediments, within a period of two weeks from the date of receipt of a copy of this order and the First Respondent- University has to pass appropriate orders regarding the grant of provisional affiliation for the 3rd year BDS Course for the academic year 2010-2011 within a period of two weeks thereafter. The Writ Petitioner is allowed accordingly. No Costs. Consequently, connected Miscellaneous Petition is closed.