Kmct Dental College vs Union Of India
2022 Latest Caselaw 5325 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                           WA NO. 603 OF 2022
 AGAINST THE JUDGMENT IN WP(C) 11502/2022 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

            KMCT DENTAL COLLEGE
            MANASSERY P.O., MUKKAM,
            KOZHIKODE, KERALA - 673 602
            REPRESENTED BY ITS PRINCIPAL, DR. MANOJ KUMAR K.P.

            BY ADVS.
            SANTHOSH MATHEW
            ARUN THOMAS
            KARTHIKA MARIA
            KARTHIK RAJAGOPAL
            ABI BENNY AREECKAL
            MATHEW NEVIN THOMAS


RESPONDENTS/RESPONDENTS:

    1       UNION OF INDIA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
            MINISTRY OF HEALTH AND FAMILY WELFARE,
            NIRMAN BHAVAN, NEW DELHI - 110 018.

    2       DENTAL COUNCIL OF INDIA.
            AIWAN-E-GHALIB MARG, KOTLA ROAD, NEW DELHI - 110 002
            REPRESENTED BY ITS SECRETARY.

    3       KERALA UNIVERSITY OF HEALTH SCIENCES
            MEDICAL COLLEGE P.O., THRISSUR, KERALA - 680 596
            REPRESENTED BY ITS REGISTRAR.

            SRI.S.MANU, ASG OF INDIA
            SRI.P.SREEKUMAR, SC
            SRI.M.P.PRAKASH, SC


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.603 of 2022
                                    2


                             JUDGMENT

Dated this the 20th day of May, 2022

S.Manikumar, C.J.

Before the writ court, the petitioner has sought for the

following reliefs:

"i) Call for the records leading to the issuance of Ext.P36 and issue a writ of certiorari to quash the same.

ii) Issue a writ of mandamus or any other appropriate writ or order declaring that the policy decision of the 2 nd respondent, referred to in Ext. P36, to "recommend only to the extent of 80% of seats applied for or already permitted for 1st unit and to make recommendations from increase of seats from 2/3 to 5 for 2 nd unit in respect of private dental colleges" is arbitrary and illegal. Iii) Issue a writ of mandamus or any other appropriate writ or order directing the 1st and 2nd respondents to permit a 6th seat from the academic year 2022-2023 for the MDS courses in Conservative Dentistry and Endodontics, Oral & Maxillofacial Surgery, and Orthodontics & Dentofacial Orthopedics in the petitioner college since the inspection by the 2nd respondent did not find any deficiency of clinical material for the same.

iv) Issue a writ of mandamus or any other appropriate writ or order directing the 1st and 2nd respondents to reconsider the petitioner's application for a 6 th seat from the academic year 2022-2023 for the MDS courses in Prosthodontics and Crown & Bridge and Pedodontics and W.A.No.603 of 2022

Preventive Dentistry in the petitioner college in the light of the explanation submitted by the petitioner in Exts. P28 and P31."

2. Exhibit P36 challenge, impugned in the writ petition,

is reproduced:

"DENTAL COUNCIL OF INDIA (A STATUTORY BODY CONSTITUTED UNDER THE DENTISTS ACT, 1948) UNDER MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA

--------------------------------------------------------------------------------------------------------------------- No.DCI/Acad/MDS/Clg/Ors/300/2022-23/2022/762 Dated 09-03-2022

To, The Principal/Dean, (via Email & Speedpost) KMCT Dental College, Calicut, Manassery (PO) Kozhikode, Calicut, Kerala-673602, [email protected]

Sub: Request to permit 6th seat for each of the 5 MDS Courses at KMCT Dental College, Calicut-Reg.

Sir, I am directed to refer to your letter dated 12.02.2022 and to say that the Executive Committee of the DCI in its meeting held on 17.02.2022 considered your letter referred to above and after some discussion and deliberation decided as under :

The college authorities of KMCT Dental College, Calicut, be intimated that after having been noticed that the clinical material is not found to be commensurate with the number of UG and PG students to clinically teach and train the students in private dental colleges, accordingly, after considering the importance of clinical material required for recognized dental college with 50 or 100 BDS admissions running with first unit in the specialty of PG, and in order to maintain the standard of dental education at higher courses of study and keeping in W.A.No.603 of 2022

view that the PG Courses in dental education are based on research and clinically oriented, the DCI has taken a policy decision to recommend only to the extent of 80% of seats applied for or already permitted for 1st unit and to make recommendations from increase of seats from 2/3 to 5 for 2 nd unit in respect of private dental colleges.

2. The above decision of the Executive Committee is communicated to you for information.

Yours faithfully, (Kusum) Deputy Secretary Dental Council of India"

3. Though the contention has been made before the writ

court that the Dental Council of India cannot take a policy

decision to recommend only to the extent of 80% of seats

applied for or already permitted for 1 st unit and to make

recommendations from increase of seats from 2/3 to 5 for 2 nd

unit in respect of private dental colleges, the said aspect has

not been dealt with by the writ court and therefore, instant

appeal is filed for reversal.

4. Though Mr.Santhosh Mathew, learned counsel for the

appellant made submissions on the above said aspect, going

through the material on record, in particular, the impugned

judgment, it is made clear that the learned single Judge, after W.A.No.603 of 2022

adverting to the facts and also making a reference to the

policy decision of Dental Council of India, has ultimately

quashed Exhibit P36, which also contains the policy decision

and doing so, directed the representation of the writ

petitioner stands revived.

5. Writ court has further directed the Dental Council of

India, respondent No.2 therein, to decide the representation

in view of the observations made in the judgment by

affording an opportunity of hearing either through virtual or

physical mode to the petitioner. Operative portion of the

judgment is extracted:

"6. The contents of the reasoning assigned above reveals that the policy decision of the DCI in not increasing the seats to 100% for second unit and confined to only 5 ie., 2/3 because all these education depend upon research and clinically oriented. The contention of the counsel for the petitioner that the said exercise could not have been done at the back of the petitioner as an opportunity of hearing much less inspection of the premises ought to have been done, as if the college can accommodate 5 seats and have the infrastructure and other equipment when the request for increasing from 3 to 6 ie., from unit No.1 to Unit No.2 was submitted, only a fractional changes if necessary would have been required, which in view of the W.A.No.603 of 2022

court contention is plausible and hereby accepted.

7. Resultantly, the impugned order is set aside. The representation of the petitioner stands revived. 2 nd respondent is directed to decide the representation in view of the observations made hereinabove as well by affording an opportunity of hearing either through virtual or physical mode to the petitioner. Petitioner is at liberty to place on record additional material in support of the representation including precedents/provisions of law on the point. Only thereafter the respondent to take a call. Let this exercise be undertaken within a period of two months."

Inasmuch as the entire order, Exhibit P36, has been set

aside, we are not inclined to entertain the appeal.

Accordingly, writ appeal is disposed of.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv //true copy//

P.A. to Judge