Kerala High Court
Indian Dental Association (Ida) Kerala ... vs State Of Kerala on 22 August, 2025
2025:KER:64221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
WP(C) NO. 42340 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 - 695003
BY ADVS.
SHRI.SHYAM PADMAN (SR.)
SHRI.C.M.ANDREWS
SMT.BOBY M.SEKHAR
SMT.LAYA MARY JOSEPH
SHRI.HARISH ABRAHAM
SMT.NICHU WILLINGTON
SMT.ASHWATHI SHYAM
SMT.SWATHY SUDHIR
SHRI. RAM MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA UNIVERSITY OF HEALTH SCIENCES
MEDICAL COLLEGE P.O., THRISSUR
REPRESENTED BY ITS REGISTRAR, PIN - 630596
3 DENTAL COUNCIL OF INDIA
REPRESENTED BY ITS SECRETARY,
W.P.(C)No.42340 of 2023
..2..
AIWAN-E-GHALIMARG, KOTLA ROAD,
NEW DELHI, PIN - 110002
4 UNION OF INDIA
REPRESENTED BY ITS UNDER SECRETARY,
MINISTRY OF HEALTH AND FAMILY WELFARE (DENTAL
EDUCATION SECTION), NIRMAN BHAVAN,
NEW DELHI, PIN - 110002
5 QUILON MEDICAL TRUST
MYLAPORA, THATTAMALA P.O., KOLLAM REPRESENTED BY
ITS CHAIRMAN, PIN - 691020
6 COMMISSIONER FOR ENTRANCE EXAMINATION
5TH FLOOR KSHB BUILDING,SS KOVIL ROAD,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
GOVERNMENT PLEADER
SHRI.PRAKASH M.P., SC, KCZMA
SRI.R.MURALEEKRISHNAN (MALAKKARA)
SRI.P.M.SANEER
SRI.P.G.PRAMOD, SENIOR G.P.
SHRI.TONY GEORGE KANNANTHANAM
OTHER PRESENT:
SRI. V. TEKCHAND-SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.42340 of 2023
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JUDGMENT
Dated this the 22nd day of August, 2025
Nitin Jamdar, C.J.
None appears for the Petitioner.
2. On 23 May 2025, the following order came to be passed:
"Heard Ms. Swathy Sudhir, learned counsel for the
Petitioner.
2. Learned counsel for the petitioner seeks time. On the
next date, the petitioner will demonstrate as to why a writ
petition cannot be filed in respect of the specific cause of
action, instead of filing a Public Interest Litigation.
3. Post the petition in the week commencing from 7 July
2025."
3. Keeping the individual causes open, in case they are brought
before the court, to be heard on their own merits, the petition is
disposed of.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
Basant Balaji
Judge
ds 22.08.2025
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APPENDIX OF WP(C) 42340/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF
ASSOCIATION AND BYE LAWS OF THE
PETITIONER ASSOCIATION
Exhibit P2 TRUE COPY OF THE ESSENTIALITY
CERTIFICATE DATED 29.04.2022 ISSUED BY
THE 1ST RESPONDENT TO THE 5TH
RESPONDENT TRUST
Exhibit P3 TRUE COPY OF THE MINUTES OF THE EC
MEETING DATED 20.01.2023 CONDUCTED BY
THE PETITIONER ASSOCIATION
Exhibit P4 TRUE COPY OF THE RESOLUTION DATED
10.07.2023 PASSED BY THE PETITIONER
ASSOCIATION
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
22.07.2022 SUBMITTED BY THE PETITIONER
ASSOCIATION
Exhibit P6 TRUE COPY OF THE REPLY LETTER DATED
01.09.2022 ISSUED BY THE 2ND
RESPONDENT UNIVERSITY
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
04.07.2022 IN W.P(C)NO.19507/2022
PASSED BY THE HON'BLE HIGH COURT OF
KERALA
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
27.10.2022 PASSED BY THE HON'BLE HIGH
COURT OF KERALA IN WP(C) NO.31273/2022
Exhibit P9 TRUE COPY OF THE CONSENT OF
AFFILIATION DATED 04.08.2022 ISSUED BY
THE 2ND RESPONDENT UNIVERSITY FOR THE
ACADEMIC YEAR 2022-23
Exhibit P10 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE EXECUTIVE COMMITTEE OF
THE 3RD RESPONDENT DATED 29.12.2022
Exhibit P10(a) TRUE COPY OF THE RELEVANT PORTION OF
THE MINUTES OF GENERAL BODY MEETING OF
THE 3RD RESPONDENT DATED 15.06.2023
Exhibit P11 TRUE COPY OF THE LETTER OF INTENT
DATED 06.03.2023 ISSUED BY THE 4TH
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RESPONDENT CENTRAL GOVERNMENT
Exhibit P12 TRUE COPY OF THE LETTER OF PERMISSION
DATED 27.04.2023 ISSUED BY THE 4TH
RESPONDENT CENTRAL GOVERNMENT
Exhibit P13 TRUE COPY OF THE PROVISIONAL
AFFILIATION DATED 14.07.2023 GRANTED
BY THE 2ND RESPONDENT UNIVERSITY TO
THE DENTAL COLLEGE OF 5TH RESPONDENT
TRUST FOR THE ACADEMIC YEAR 2023-24
Exhibit P14 TRUE COPY OF THE ORDER DATED
29.10.2022 PASSED BY THE 1ST
RESPONDENT STATE GOVERNMENT
REVALIDATING THE ESSENTIALITY
CERTIFICATE DATED 29.04.2022 FOR THE
ACADEMIC YEARS 2023-24 AND 2024-25
Exhibit P15 TRUE COPY OF THE CONSENT OF
AFFILIATION DATED 02.11.2022 ISSUED BY
THE 2ND RESPONDENT UNIVERSITY IN
FAVOUR OF 5TH RESPONDENT COLLEGE FOR
THE ACADEMIC YEAR 2023-24
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED
01.08.2023 IN W.P(C)NO.23284/2023
PASSED BY THE HON'BLE HIGH COURT OF
KERALA
Exhibit P17 TRUE COPY OF THE ORDER DATED
14.08.2023 IN R.P.NO.857/2023 PASSED
BY THE HON'BLE HIGH COURT OF KERALA
Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED
17.02.2023 SUBMITTED BEFORE THE 3RD
RESPONDENT
Exhibit P18(a) TRUE COPY OF THE REPRESENTATION DATED
17.02.2023 SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P19 TRUE COPY OF THE VACANT SEATS IN BDS
COURSES-2022 AS PER THE OFFICE OF THE
COMMISSIONER FOR ENTRANCE EXAMINATION,
KERALA
Exhibit P20 TRUE COPY OF THE LETTER DATED
08.06.2023 ISSUED BY THE DENTAL
COUNCIL OF INDIA
Exhibit P21 TRUE COPY OF THE LETTER DATED
15.06.2023 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER
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ASSOCIATION ALONG WITH ENGLISH
TRANSLATION
RESPONDENT ANNEXURES
ANNEXURE R3 (1) COPY OF THE RELEVANT PORTION OF THE
DENTAL COUNCIL OF INDIA (ESTABLISHMENT
OF NEW DENTAL COLLEGES, OPENING OF NEW
OR HIGHER COURSES OF STUDY OR TRAINING
AND INCREASE OF ADMISSION CAPACITY IN
DENTAL COLLEGES) REGULATIONS, 2006
ANNEXURE R3 (4) COPY OF THE MINUTES DATED 29.12.2022
OF THE MEETING OF THE EXECUTIVE
COMMITTEE OF THE DENTAL COUNCIL OF
INDIA
ANNEXURE R3 (2) COPY OF THE RECOMMENDATION LETTER
DATED 29.12.2023 OF THE DENTAL COUNCIL
OF INDIA ADDRESSED TO THE SECRETARY,
GOVERNMENT OF INDIA
ANNEXURE R3 (3) COPY OF THE LETTER DATED 08.06.2023 OF
THE PRESIDENT OF THE DENTAL COUNCIL OF
INDIA ADDRESSED TO THE CHIEF MINISTER,
STATE OF KERALA
