Madras High Court
Dental Council Of India vs Tamil Nadu Dental College ... on 7 July, 2021
W.A.No.2249 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.2249 of 2018
and C.M.P.No.17920 of 2018
Dental Council of India,
Rep. by its President,
Aiwan-e-Galib Marg,
Kotla Road, Temple Lane,
New Delhi - 110 002 .. Appellant
Vs
1.Tamil Nadu Dental College Consortium
Rep. by its Secretary,
Mr.Isiri Ganesh
2.Union of India
Rep. by its Secretary,
Ministry of External Affairs,
New Delhi.
3.Union of India,
Rep. by its Secretary,
Ministry of Health & Family Welfare,
A-Wing, Nirman Bhawan,
Maulana Azad Road,'
New Delhi - 110 001.
4.The Selection Committee,
Directorate of Medical Education,
No.162, Periyar E.V.R.High Road,
Kilpauk, Chennai - 600010.
Page 1 of 8
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W.A.No.2249 of 2018
5.State of Tamil Nadu,
Rep. by its Secretary,
Ministry of Health & Family Welfare,
Namakkal Kavingar Maaligai,
Fort St.George,
Chennai - 600 009 .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 27.09.2018 made in W.P.No.25387 of 2018.
For Appellant : Mr.V.P.Raman
For Respondents : Ms.Kavitha Deenadayalan for R1
Mr.S.John J.Raja Singh
Government Counsel
for R4 & R5
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the Dental Council of India
aggrieved over the order passed by the learned Single Judge at the
instance of the first respondent being the writ petitioner, permitting the
filling up of seats in the Dental Course in the State of Tamil Nadu. For
the sake of convenience, we would like to record the operative portion
of the order passed by the learned Single Judge:-
"9. It is not in dispute that the Hon'ble Supreme Court
in Priya Gupta V. State of Chhattisgarh & Ors.[(2012) 7
SCC 433], has prescribed the last date up to which the
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W.A.No.2249 of 2018
students can be admitted against vacancies arise due
to any reason as 30 th September. It is true that the
Hon'ble Supreme Court was conscious that the ultimate
date cannot be resorted in every possible case and only
in exceptional cases the last date can be resorted to.
10. This Court is of the view that in the State of Tamil
Nadu the present vacancy position is unprecedented.
There is no immediate material before this court to
form an opinion that the members of the petitioner
Consortium are responsible for this position prevailing
in the state of Tamil Nadu.
11. It is likely that many of the seats will go waste if
the time is not extended upto 30 th September. The
Rules are intended only to maintain the standard of
education and other objectives as indicated by the
Hon’ble Supreme Court, time and again in several
cases on different occasions. This Court is also
conscious that the extension of time cannot be granted
without strong reasons and on mere asking due to
some difficulty either by the candidate or by the
institution.
12. In this case it is a fact on record that more than
500 seats remain vacant. The learned Counsel for the
petitioner states that a considerable number of
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W.A.No.2249 of 2018
students are likely to join the Course as the
managements have reduced the fees. If the seats are
not filled up, the individual institutions may suffer as
they have to provide infra structure and faculty, even if
few students are only available in the institution for this
academic year. There is no other strong reason for
denying relief to the petitioner. Hence this Court is
inclined to allow the writ petition as prayed for and the
4th and 5th respondents are directed to conduct
Counselling till 30th September 2018, for admission to
BDS Degree Courses under the Management Quota in
Self Financing Dental Colleges in Tamil Nadu for the
year 2018 – 2019, so as to enable the petitioner
Colleges to fill up the vacant seats under the
Management Quota.
13. The learned Counsel for the 3rd respondent
submitted that this may not be a precedent for the
next year and strict adherence to the time schedule
should be directed. The learned Counsel appearing for
the 3rd respondent is right in her submission. This
Order cannot be a precedent for future. No individual
College shall seek extension of time on the ground
stated in this writ petition.
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W.A.No.2249 of 2018
14. In the result, the writ petition is allowed with the
above directions. No Costs. Consequently, the
connected Miscellaneous Petition is closed."
2. Learned counsel appearing for the appellant submitted that
cut-off date as fixed is not 30.09.2018 but 15.09.2018. The Apex
Court has held that the date fixed shall never be breached except on
exceptional situation. The availability of seats unfilled would never be a
factor as held in Supreet Batra v Union of India (2003) 3 SCC 370. The
State Government has acted in collusion with the writ petitioner. The
action taken to fill up the seats is belated prior to the filing of the writ
petition and even thereafter. It appears that only 37 seats have been
filled up under the State quota pursuant to the order of the learned
Single Judge under appeal. Therefore, the order requires interference.
3. Learned counsel appearing for the first respondent submitted
that the learned Single Judge took into consideration the
unprecedented situation where large number of seats have been left
unfilled. Therefore, taking into consideration the larger public interest,
the case was brought under the exceptional situation. Students have
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W.A.No.2249 of 2018
been admitted and they have completed nearly two years. Hence, no
interference is required.
4. Though we find considerable force in the submission made by
the learned counsel appearing for the appellant, we do not wish to
interfere with the order of the learned Single Judge as much water has
flown under the bridge. The students who are admitted are not before
us. They have been admitted both under the State quota and
thereafter by the private management. Primarily, for this reason alone,
we do not wish to interfere though we are inclined to observe that the
State Government will have to make all endeavours to avoid such a
situation in future. It is also not known as to how the seats would be
filled up for the next academic year, namely 2019-2020. We are now in
the year 2021-2022. Now, two academic years have gone and we are
in the third academic year which means the students would have
completed two years of studies. Any interference at this stage without
hearing them would substantially affect their interest.
5. In such view of the matter, though we find the reasoning of
the learned Single Judge may not be a correct position of law, in view
of the subsequent developments, we do not wish to interfere with the
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W.A.No.2249 of 2018
ultimate relief granted. We would only wish that the State Government
would make all endeavours in future to avoid such a situation.
6. With the above observation, the writ appeal stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
07.07.2021
Index:Yes/No
mmi/ssm
To
1.The Secretary,
Tamil Nadu Dental College Consortium
2.The Secretary,
Union of India, Ministry of External Affairs,
New Delhi.
3.The Secretary, Union of India,
Ministry of Health & Family Welfare,
A-Wing, Nirman Bhawan,
Maulana Azad Road,'
New Delhi - 110 001.
4.The Selection Committee,
Directorate of Medical Education,
No.162, Periyar E.V.R.High Road,
Kilpauk, Chennai - 600010.
5.The Secretary,
Ministry of Health & Family Welfare,
Namakkal Kavingar Maaligai,
Fort St.George,
Chennai - 600 009
https://www.mhc.tn.gov.in/judis/
W.A.No.2249 of 2018
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.2249 of 2018
07.07.2021
https://www.mhc.tn.gov.in/judis/
