Madhya Pradesh High Court
Dr.Shubham Gupta vs The State Of Madhya Pradesh on 11 January, 2022
Author: Chief Justice
1
IN THE HIGH COURT OF JUDICATURE FOR MADHYA
PRADESH
AT JABALPUR
ON THE 11th OF JANUARY, 2022
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
WRIT PETITION No. 11300 of 2019
Between:-
1. DR. SHUBHAM GUPTA S/O MR. BABULAJI,
AGEd ABOUT 39 YEARS, R/O SHASTRI MARG,
TANKI CHOURAHA SHAJAPUR (MADHYA
PRADESH)
2. DR. JAY MAMTORA S/O MR. ASHOK KUMAR
MAMTORA, AGED ABOUT 26 YEARS, R/O
PAINTER THAKKAR STREET BARDAM WALA
ROAD, NR TEEN DARWAJA, JAM NAGAR,
GUJRAT (GUJARAT)
3. DR. CHANDNI MOHAN DAS D/O MR. VIJAY
M OHAN DAS, AGED ABOUT 31 YEARS, R/O
HIG-A/2-59 SAGAR ESTATES, AYODHYA
BYPASS ROAD, NEAR MINAL RESIDENCY,
BHOPAL (MADHYA PRADESH)
4. DR. S.K. BABUL SALAM S/O MR. S.K. ABDUL
ALI, AGED ABOUT 28 YEARS, R/O
VILLAGE+POST-CHHATRAGANG, P.S.
CHANDROKONA TOWN, DISTT. PASCHIM
MEDINIPUR-WEST BENGAL (WEST BENGAL)
5. DR. ARCHANA JALHERIA D/O MR. R.L.
JALHERIA, AGED ABOUT 30 YEARS, R/O D-65,
TIRUPATI ABHINAV HOMES, AYODHYA
BYPASS ROAD, BHOPAL (MADHYA PRADESH)
6. DR. SHWETA MESHRAM D/O MR. RAHUL
KUMAR MESHRAM, AGED ABOUT 29 YEARS,
R/O SHIV ARCADE, HOUSE NO. 25B,
BHILGAON, NAGPUR MAHARASHTRA
(MAHARASHTRA)
.....PETITIONERS
(BY SHRI SIDDHARTH RADHELAL GUPTA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
ITS DIRECTOR/COMMISSIONER,
DEPARTMENT OF MEDICAL EDUCATION, 3 RD
FLOOR, SATPURA BHAWAN, ARERA HILLS,
Signature
SAN Not BHOPAL (MADHYA PRADESH)
Verified
Digitally signed by
NITESH PANDEY
Date: 2022.01.13
12:22:11 IST
2
2. DENTAL COUNCIL OF INDIA THROUGH ITS
CHAIRMAN/MEMBER SECRETARY, AIWAN-E-
GALIB MARG, KOTLA ROAD, TEMPLE LANE,
NEW DELHI (DELHI)
3. ADMISSION AND FEE REGULATORY
COMMITTEE (AFRC) THROUGH ITS
CHAIRMAN/MEMBER SECRETARY, TAGORE
HOSTEL NO.T-2, FIRST FLOOR- LEFT WING,
SHYAMALA HILL, BHOPAL (MADHYA
PRADESH)
4. APPELLATE AUTHORITY TO ADMISSION AND
FEE REGULATORY COMMITTEE (AAFRC)
THROUGH ITS CHAIRMAN/MEMBER
SECR ETARY, 4 TH FLOOR, ICAI BHAWAN
INDRAPRASTHA MARG, NEW DELHI (DELHI)
5. MP MEDICAL SCIENCE UNIVERSITY
THROUGH ITS REGISTRAR, NETAJI SUBHASH
CHANDRA BOSE MEDICAL COLLEGE,
MEDICAL ROAD, DISTT JABALPUR (MADHYA
PRADESH)
6. RISHIRAJ COLLEGE OF DENTAL SCIENCE
THROUGH ITS REGISTRAR, AHEAD OF RAJA
BHOJ AIRPORT, GANDHI NAGAR, PIPALNER,
BHOPAL (MADHYA PRADESH)
7. MANSAROVAR DENTAL COLLEGE THROUGH
ITS REGISTRAR, NEAR BHIMA KUNJ, KOLAR
ROAD, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI BRAMHADATT SINGH, GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1, SHRI MOHAN SAUSARKAR, ADVOCATE FOR
RESPONDENT NO.2 AND SHRI SATISH VERMA, ADVOCATE FOR
RESPONDENT NO.5 )
(Heard through Video Conferencing)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
The case of the petitioners is that they were admitted in the Academic
Session 2016-17 for the MDS PG course (Master of Dental Surgery) in the
private respondent colleges. Petitioners No. 1 to 4 were admitted in the
respondent No.7 Mansarovar Dental College and petitioners No. 5 to 6 were
admitted in the respondent No.6 Rishiraj Dental College.
After coming into force of the Dental Council of India MDS Revised
Regulations, 2007 (for short "the Revised Regulations of 2007") on 01st
Signature
SAN Not
Verified
Digitally signed by
NITESH PANDEY
Date: 2022.01.13
12:22:11 IST
April, 2016, the State Government proceeded to undertake counseling for
recommendations of the names of students to various colleges located in the
State of Madhya Pradesh conducting the MDS course. Till 31 st May, 2016,
the names of only 21 students could be recommended for admission. Various
seats remained unfilled.
The State Government informed the Institutes about the vacant seats and
requested to allow them to fill up the vacant seats in accordance with sub-
clauses (iii) and (iv) of Clause 2 of the Revised Regulations of 2007.
However, the Director of Medical Education (DME), Bhopal did not
respond. In such a situation, the Institutes proceeded to conduct a college
level counseling and admitted students to their Institutions.
These admissions were challenged in a public interest litigation in Writ
Petition No.895 of 2018. The Hon'ble Court passed an order directing the
Admission & Fee Regulatory Committee (AFRC) to take a final decision in
respect of the admission of the students in the Post Graduate Dental Course
in the Private Medical Colleges.
On 02.04.2019, the AFRC passed an order to the effect that the students
have not participated in the counseling process conducted by the Counseling
Authority of the State namely the Director of Medical Education, Bhopal,
Madhya Pradesh, therefore, it is found that admission done by the Unaided
Private Dental Colleges is invalid.
Aggrieved by the same, appeals were filed by the students before the
Appellate Authority constituted under the Madhya Pradesh Niji Vyavasayik
Shikshan Sanstha (Pravesh Ka Viniyaman avam Shulk ka Nirdhran)
Adhiniyam, 2007. The Appellate Authority vide its order dated 21.05.2019
partly allowed the appeals. Some of the appeals filed by the Institutes were
partly allowed and partly dismissed. They were directed to refund the amount
of fees paid by those students whose appeals were dismissed and the AFRC
was at liberty to take appropriate action against the Institutes as it deems fit.
Thereafter, the instant writ petition was filed by these writ petitioners
Signature
SAN Not
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Digitally signed by
NITESH PANDEY
Date: 2022.01.13
12:22:11 IST
questioning the validity of Regulation 2(iii) of the Revised Regulations of
2007 as being violative of Articles 14 and 19 (1)(g) and also to set aside the
order passed by the Appellate Authority dated 21.05.2019 and the AFRC
dated 02.04.2019 with the consequential relief for restoring the admissions of
the petitioners.
On notices being issued, the respondents have filed their reply.
We have heard learned counsels.
Before adverting to the submissions made on merit, it would be necessary
to consider as to whether this Court can proceed to hear this matter on merit.
The very order passed by the Appellate Authority was challenged before the
Indore Bench of the High Court of Madhya Pradesh in Writ Petition
No.11117 of 2019 and connected matters. By the order dated 29.07.2019,
the writ petitions were dismissed by holding that there is no stamp of
approval validating the admissions of the remaining students who have passed
their Bachelor of Dental Surgery (BDS) course from the colleges/University
situated in Madhya Pradesh and that it shall be opened for the State
Government or the Dental Council of India (DCI) to take action in
accordance with law.
The instant writ petition has been filed by some of the students challenging
the very order passed by the Appellate Authority. The contentions being
advanced are arguments, are contentions on merit of the order passed by the
Authority as well as Appellate Authority. On considering the same, we are of
the view that since the very order of the Appellate Authority was challenged in
the aforesaid writ petitions, the same cannot be questioned once again
through these writ petitions. The contentions as sought to be advanced
herein have since been considered in the aforesaid judgment. Even though a
valiant effort is sought to be made by the learned counsel for the petitioners
to distinguish the aforesaid judgment, we do not find it appropriate to record
reasons contrary to what has already been recorded. The contentions being
one and the same, we are of the view that the findings recorded in the
Signature
SAN Not
Verified
Digitally signed by
NITESH PANDEY
Date: 2022.01.13
12:22:11 IST
aforesaid judgments would stand applicable on all fours to this petition also.
Therefore, we are of the view that since the contentions have already been
adverted to, wherein the very same impugned orders were questioned, it will
not be appropriate to proceed to hear this matter.
The only difference as noticed in the aforesaid petitions and in the
instant petition is that there is an additional prayer challenging the validity of
the "the Revised Regulations of 2007" in this petition.
Hence, the writ petition is admitted only to consider prayer No.1
namely the constitutional validity of "the Revised Regulations of 2007". The
prayer of the writ petitioner for prayer Nos. 2, 3 and 4 are dismissed.
Post for hearing in the usual course.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
Nitesh
Signature
SAN Not
Verified
Digitally signed by
NITESH PANDEY
Date: 2022.01.13
12:22:11 IST
