Calcutta High Court (Appellete Side)
State Of West Bengal & Others vs Union Of India & Others on 15 January, 2020
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
15.01.2020
rpan/03
Court No.15
W.P. No. 18232 (W) of 2018
With
CAN no.3060 of 2019 [Amendment]
and
CAN no. 388 of 2020 [ App. Order]
State of West Bengal & Others
- Versus -
Union of India & Others
Mr. Abhrotosh Majumder, Ld. Addl. Advocate General,
Mr. T. M. Siddidue,
Mr. Nilotpal Chatterjee
... for the petitioners.
Mr. Indrajit Dasgupta
... for the Union of India.
Md. Musharoff Hosssain,
Mr. M. Bandyopadhyay
... for the DCI/respondent nos.3 & 4.
Mr. Supratic Roy, Mr. D. N. Maiti ... for the University/ applicant in CAN no388 of 2020.
The present writ petition has been preferred by the State of West Bengal and its functionaries challenging a letter dated 31st May, 2018, issued by the Ministry of Health & Family Welfare, Government of India to the Principal Secretary, North Bengal Dental College & Hospital in which it has, inter alia, been stated as follows:
"I am directed to refer to Dental Council of India's letter no.DE-3(55)/BDS- 2108/2264 dated 30.05.2018 (copy enclosed) on the subject cited above and to say that in pursuance of Clause 11A of the DCI (9th Amendment) Regulations, 2017, the Central Government has decided to accept the recommendations of DCI to stop admissions in BDS Course for the year 2018-19 at North Bengal Dental College & Hospital, Siliguri."
Records reveal that the said writ petition was initially heard on 14th September, 2018 and upon contested hearing an interim order was passed directing that no effect be given to the impugned letter till the disposal of the writ petition. 2
The said order was challenged by the Dental Council of India (in short, DCI) and another before the Hon'ble Supreme Court in which an order was passed on 24th September, 2018 dismissing the Special Leave Petition with a request to the High Court to decide the matter within a month and to ensure that whatever deficiencies are pointed out by the DCI be removed by the State Government on time bound basis.
In connection with the main writ petition an application for amendment, being CAN no.3060 of 2019, has been filed to incorporate grounds challenging the recommendations of DCI on the basis of which the impugned letter dated 31st May, 2018 was issued by the Ministry of Health & Family Welfare, Government of India.
The West Bengal University of Health Sciences (in short, the University) has also preferred an application, being CAN no.388 of 2020, seeking leave to publish the result of the candidates who got admitted in B.D.S. Course at North Bengal Dental College & Hospital, Siliguri in the year 2018-19.
Mr. Majumdar, learned Additional Advocate-General appearing for the petitioners submits that during pendency of the present writ petition a memo dated 10th May, 2019 has been issued by the Under Secretary to the Government of India, Ministry of Health & Family Welfare in which it has, inter alia, been stated that the DCI by a letter dated 29th April, 2019 has revoked its earlier recommendation for withdrawal of recognition under Section 16A of the Dentists Act, 1948 and allowed admissions in B.D.S. course for the academic session 2019-20. He submits that in view of such decision taken by the DCI, nothing remains to be decided in the present writ petition. Furthermore, in terms of the interim order the students, who got admitted in the concerned academic session, had been allowed to attend classes and to appear in the first year examination. However, the University has not yet declared the results. 3
Mr. Majumdar further submits that minor deficiencies, as noted by DCI in its earlier recommendation, has been removed and a report to that effect has also been filed before this Court.
Heard Mr. Majumdar, learned Additional Advocate-Gernal, Mr. Dasgupta, learned advocate appearing for the Union of India, Mr. Hossain, learned advocate appearing for the DCI and Mr. Roy, learned advocate appearing for the University.
In the letter dated 10th May, 2019, issued by the Under Secretary to the Government of India, it has, inter alia, been stated as follows:
"2. Now, DCI vide its letter no. DE-3(55)/BDS-2019/597 29.04.2019 (copy enclosed) has revoked its earlier recommendation for withdrawal of recognition at your college u/s16A of the Dentists Act, 1948 and allowed admissions in BDS course for the academic session 2019-20. However, the College shall rectify the remaining minor deficiencies as noted by DCI in its recommendation at the earliest."
As the recommendation for withdrawal of recognition had already been withdrawn, no further order is required to be passed in the present writ petition and the same is accordingly disposed of.
The University authorities are, accordingly directed to publish the results of the students, who got admitted in B.D.S. at North Bengal Dental College & Hospital, Siliguri in the year 2018-19. The application, being CAN no.388 of 2020, is, accordingly, disposed of.
As the recommendation for withdrawal of recognition has already been withdrawn by the DCI, the application for amendment, being CAN no.3060 of 2019, has become infructuous and the same is accordingly dismissed.
There shall, however, be no order as to costs.
4Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.
(Tapabrata Chakraborty, J.)