Indian Dental Association (Ida) ... vs State Of Kerala
2023 Latest Caselaw 8229 Ker

          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

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

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