IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 23284 OF 2023
PETITIONER:
INDIAN DENTAL ASSOCIATION (IDA) KERALA STATE
IDA HALL, A-7, INNU APARTMENTS, KURAVANKONAM,
KOWDIAR P.O., THIRUVANANTHAPURAM. REPRESENTED BY
ITS SECRETARY, PIN - 695 003
BY ADVS.
SHYAM PADMAN
C.M.ANDREWS
BOBY M.SEKHAR
LAYA MARY JOSEPH
HARISH ABRAHAM
NICHU WILLINGTON
ASHWATHI SHYAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695 001
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR. REPRESENTED BY
ITS REGISTRAR, PIN - 630 596
3 DENTAL COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY, AIWAN-E-GHALIMARG,
KOTLA ROAD, NEW DELHI, PIN - 110 002
W.P.(C)No.23284 of 2023
2
4 UNION OF INDIA
REPRESENTED BY ITS UNDER SECRETARY, MINISTRY OF
HEALTH AND FAMILY WELFARE (DENTAL EDUCATION
SECTION), NIRMAN BHAVAN, NEW DELHI, PIN - 110 002
5 QUILON MEDICAL TRUST
MYLAPORA, THATTAMALA P.O., KOLLAM.
REPRESENTED BY ITS CHAIRMAN, PIN - 691 020
6 COMMISSIONER FOR ENTRANCE EXAMINATION
5TH FLOOR KSHB BUILDING, SS KOVIL ROAD,
SANTHI NAGAR,THIRUVANANTHAPURAM, PIN - 695 001
BY ADVS.
P.SREEKUMAR
VISHNU RAJAGOPAL
TONY GEORGE KANNANTHANAM(K/696/1989)
ADV.P.M.SANEER
SR.ADV. KURIAN GEORGE KANNANTHANAM FOR R5
SC FOR R3 PRAKASH M.P.
SR. GP SRI.T.K. VIPINDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.23284 of 2023
3
JUDGMENT
Dated this the 1st day of August 2023 A.J. Desai, C.J By way of the present writ petition filed under Article 226 of the Constitution of India, the following prayers have been made:
"i. Call for the records leading to the issuance of Exhibit P6 Essentiality Certificate to the 5th respondent trust and quash the same by issuing a writ of Certiorari or any other appropriate writs, orders or direction.
ii. Issue a writ of Mandamus or any other appropriate writs, orders or directions commanding the 2nd and 3rd respondents to consider Exhibit P10 series representation submitted by the petitioner association. iii. Issue a writ of Mandamus or any other appropriate writs, orders or directions commanding the 1st and 6th respondents to not include the name of Travancore Dental College in the list of colleges for allotment under NEET Counselling 2023 which is yet to begin.
iv. Issue a writ of Mandamus or any other appropriate writs, orders or directions commanding the 1st respondent government to frame proper guidelines for the implementation of the procedure for the issuance of W.P.(C)No.23284 of 2023 4 essentiality certificates for the establishment of dental colleges taking into consideration the manpower requirement in the State of Kerala. v. Declare that the sanction granted by the 3rd respondent Dental Council of India for the establishment of the dental college of 5th respondent without taking into consideration the manpower requirement in the state and without complying with the procedure prescribed in the Dentists Act, 1948 and Dental Council of India (Establishment of New Dental College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 is illegal, invalid and improper. vi. Declare that the consent to affiliate granted by the 2nd respondent University to the dental college of 5th respondent without being satisfied about the manpower requirement in the state and without complying with the procedure prescribed in the Dentists Act, 1948 and Dental Council of India (Establishment of New Dental College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 is illegal, invalid and improper.
vii. Declare that the Essentiality Certificate cannot be issued by the 1st respondent State Government for the establishment of a dental college without being satisfied W.P.(C)No.23284 of 2023 5 about the manpower requirement in the state and without complying with the procedure prescribed in the Dentists Act, 1948 and Dental Council of India (Establishment of New Dental College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006."
2. A counter affidavit dated 28.07.2023 has been filed by respondent No.5. In view of the counter affidavit, by which several orders have been produced by the 5th respondent, the petitioner seeks permission to withdraw the public interest litigation with the liberty to file appropriate proceedings including a writ petition, challenging the same.
The writ petition is accordingly dismissed as withdrawn.
Sd/-
A.J. Desai Chief Justice Sd/-
V.G. Arun Judge vpv //TRUE COPY// P.A. TO JUDGE