Madras High Court
Thai Moogambigai Dental College vs The Tamil Nadu Dr.M.G.R. Medical ... on 19 September, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.6899 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.09.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.6899 of 2010
Thai Moogambigai Dental College
and Hospital, Golden George Nagar
Mogappair, Chennai 600 107
a Consultant of the Dr.M.G.R.
Educational and Research Institute
a Deemed University under Section-3
of the U.G.C. Act, rep. by its
Additional Registrar Dr.C.B.Palanivelu ... Petitioner
Vs.
The Tamil Nadu Dr.M.G.R. Medical University
No.69, Anna Salai, Guindy
Chennai 600 032, rep. by its Registrar ... Respondent
PRAYER: Writ Petition filed under Article 226 of Constitution of India
praying for issuance of Writ of Certiorari, to call for the records
comprised in the proceedings of the respondent dated 26.03.2010 in letter
No.Fin.I(3)/25674/2009 and quash the same as illegal.
Page No.1 of 14
https://www.mhc.tn.gov.in/judis
W.P.No.6899 of 2010
For Petitioner : Mr.B.Radhakrishnan
for Mr.K.Sivasubramanian
For Respondent : Mr.R.Imayavaramban
for M/s.Ramalingam Associates
ORDER
The Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorari, to call for the records comprised in the proceedings of the respondent dated 26.03.2010 in letter No.Fin.I(3)/25674/2009 and quash the same as illegal.
2.It is the case of the petitioner that the petitioner's college was originally affiliated to the respondent University. Thereafter, in the year 2003, it became constituent College of the Deemed University called Dr.M.G.R.Educational and Research Institute, established under Section 3 of the U.G.C. Act by Notification of the Central Government and got disaffiliated itself from the respondent University. The last batch of students admitted in their Dental College with the affiliation of the Respondent University was for the academic year 2002-2003 and the said students completed the course and left the College in the year 2006 after Page No.2 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 their final B.D.S. Examination in August 2006. The students admitted thereafter under the Deemed University from the academic year 2003- 2004 have taken up their examination under the Deemed University.
3.When the College was affiliated to the respondent University, various kinds of fees were paid to the respondent for services rendered, such as Affiliation fee, Inspection fee, University Administrative Expenses fee etc. Once the college became the Deemed University in the year 2003, the petitioner's college came under the Regulatory Control of Dental Council of India, Ministry of Health and Family Welfare and the University Grants Commission and the respondent itself conceded vide its letter dated 26.04.2003 that it has no affiliation control over the College from 2003 onwards as the College was disaffiliated from the respondent University. However, in respect of University Administrative Expenses fee is concerned, it was paid to the respondent University till 2006 inasmuch as the students admitted upto the academic year 2002- 2003 were under the affiliation control of the respondent University till 2006 for the purpose of examination in arrears subject only as the Degree Page No.3 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 certificates were to be issued by the respondent University for these candidates.
4.On 02.01.2007, the petitioner sent a letter to the respondent University enclosing a demand draft for Rs.2,25,000/- being the University Administrative Expenses fee for the year 2006 and also pointed out that the College is not liable to pay the said fees from 2007 onwards as the last batch of students under the affiliation of the respondent University completed their course in August 2006 having been admitted during the academic year 2002-2003 and requested the respondent to delete the name of the petitioner College from the list of Colleges liable to pay University Administrative Expenses fee.
5.Even thereafter, the respondent University demanded Rs.6,75,000/- for the years 2007, 2008 and 2009 at the rate of Rs.2,25,000/- each year. The petitioner also sent a reply dated 10.02.2010 to highlight the above facts pointing out that there is no necessity to pay the Administrative Expenses fee from 2007 as claimed by the respondent. Page No.4 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 Despite the above, the Respondent University is demanding to deposit the University Administrative Expenses of Rs.6,75,000/- on the basis of the Resolution. Hence, the petitioner seeks to quash the same.
6.It is stated in the counter filed by the respondent University that some of the students admitted during the period of affiliation with the Respondent University in the year 2002 – 2003, are still writing their arrears to complete their course and they have written their arrear examination in February 2010 also. Therefore, the contention of the petitioner College that the students under the affiliation of the respondent University completed the course in August 2006 is not at all correct and the writ petition is not maintainable without challenging the Resolution No.23 passed at the 189th meeting of the Governing Council held on 30.06.2009 wherein it was held that “it was resolved not to accept request for waiver of fees to the University and non conduct of inspection. Resolved further that inspection should be conducted as long as there are students in various years of study”. On the contrary, the petitioner college is challenging the communication of the respondent Page No.5 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 dated 26.03.2010 pertaining to the Resolution No.23 alone instead of challenging the Resolution No.23.
7.As per the University norms and as admitted by the petitioner College that, in so far as University Administrative Fees is concerned, the amount payable by the petitioner college is Rs.2,25,000/- (Rs.1,50,000/- for sanctioned strength of 50 students or less and additional 50% of above amount for more students and had paid the same till 2006, the petitioner has also filed a petition to direct the University to release the total amount of fixed deposit lying with the University without stipulating any conditions including the payment of University Administrative Expenses fee etc.
8.Since the respondent University has permitted the arrear candidates of the petitioner institution to appear for their examinations and published their results and out of fourteen arrear students, nine students have completed their BDS course and obtained their degree certificates from this University and the remaining four students have not Page No.6 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 yet completed the BDS degree Course till date, and in the meantime vide letter dated 23.02.2018, the Registrar of the petitioner has requested the University to return the original fixed deposits also, the petitioner college has to pay the University Administrative Expenses fee from the year 2010 onwards, thereby, the respondent University vide its letter dated 17.05.2016 sent a reply that the Fixed Deposit will be released only after all the arrear candidates pass out from the University and since three candidates have not completed their BDS Degree Course, demanded a sum of Rs.15,75,000/- towards Administrative Expenses vide its letter dated 01.12.2016 from the year 2010 at the date of Rs.2,25,000/- per year and as on date Rs.20,25,000/- is due and liable to be paid by the petitioner as three students from the batch of 2002-2003 are yet to complete their course. Accordingly prays for dismissal of the writ petition.
9.Learned counsel for the petitioner would submit that as per the resolution of the Dental Council of India, if the students do not complete their course within a period of nine years, including one year of Page No.7 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 Compulsory Rotatory Paid Internship from the date of admission, they will be considered as discharged from the Course. Therefore, it is the contention that even though the petitioner's students have not cleared their arrears as per the Notification of the Dental Council of India, they will automatically get discharged. Such being the position, the respondent University cannot insist the petitioner to pay the Administrative expenses as it has no such right to demand the same.
10.Learned counsel for the respondent would submit that as per the instructions, some of the students from the petitioner's institution are still appearing for their arrear examinations and they have not cleared their examinations till 2017. Therefore, as per the Resolution No.23, they are entitled to claim Administrative Expenses Fee from the petitioner's College.
11.This Court perused the materials, particularly, the Notification issued by the Dental Council of India dated 27.04.2015, the same reads as follows;
Page No.8 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 “No.DE.87(1)-2015 – in exercise of the powers conferred by Section 20 of the Dentists Act, 1948, the Dental Council of India, with the previous sanction of the Central Government, hereby makes the following Amendment to the existing principle Revised BDS Course Regulations, 2007, published in Part-III, Section 4 of the Gazette of India, Extraordinary, dated 10th September 2007.
1.Short title and commencement:-
(i) These Regulations may be called the Revised BDS Course (7th Amendment) Regulations 2015.
(ii)They shall come into force on the date of their publication in the Official Gazette.
2.In Revised BDS Course Regulations 2007, the following insertion / modification / deletions / substitutions shall be as indicated therein:-
In the existing Regulations under heading captioned as “EXAMINATIONS”, sub-heading “SCHEME Examination” and sub-heading “1.BDS Examination” the existing clause that “Any student who does not clear the 1st year BDS examination in all the subjects within 3 years from the date of admission shall be discharged from the course”.
Substituted by the following clause that:-
“Any student who does not clear the BDS Course in Page No.9 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 all the subjects within a period of 9 years, including one year Compulsory Rotatory paid Internship from the date of admission shall be discharged from the course”.
12.The clarification issued by the Dental Council of India, dated 19.01.2016 indicates that the period of nine years are applicable only to those students who have been admitted in BDS course in any Dental Institution after the date of commencement of these Regulation i.e. 27.04.2015 prior to that existing Regulation. In the first order, it indicates that the student who does not clear the 1st year BDS examination in all the subjects within 3 years from the date of admission shall be discharged from the course. The letter issued by the respondent University dated 06.10.2010 related to one Prashant Kumar Singh 2001-
2002 batch, BDS Degree Course student of the petitioner institution states that as per the Regulation for readmission after break of study, for all Under graduate degree courses, if the period of study exceeds twice, the duration of the period of course of study, the candidate has to be discharged from the course and directed the petitioner to discharge the Page No.10 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 said candidate viz. Prashant Kumar Singh from B.D.S. Degree course immediately from the institution.
13.Though it is stated by the respondent University that three students appeared for arrear examination in 2016, thereafter they have not appeared for exams. It is stated by the respondent that the Administrative Expenses of Rs.2,25,000/- is collected as per ordinance No.1/2005, dated 12.04.2005 for 100 students for every sanctioned strength of 50 seats or less. Further instructions obtained by the Government Pleader from the Respondent University also indicate that there is no order as to whether Administrative expenses are collected only for the total intake or less number of students, further there is no specific order is available in the University whether the University Administrative Expenses Fee has to be collected for the total sanctioned intake of the students pursuing in the respective course of study or the actual number of arrear students undergoing the course of study in the respective institutions for the temporary / permanent closure / Deemed University status.
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14.Such view of the matter, as the University is already disaffiliated and the petitioner institution comes under the deemed University, merely because three students have not cleared their arrear examinations, they were also permitted to write their exams only after collecting examination fees separately, the respondent University demanding Administrative Expenses Fee and withholding the security deposit and claiming the amount under the pretext of Administrative Expenses Fees is unsustainable in law.
15.This writ petition stands allowed accordingly. The proceedings of the respondent dated 26.03.2010 in letter No.Fin.I(3)/25674/2009 is hereby quashed. The respondent is directed to refund the security deposit made by the petitioner Institution within a month.
19.09.2022 kas Index: yes / no Internet: yes / no Speaking / Non speaking Page No.12 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 To The Registrar The Tamil Nadu Dr.M.G.R. Medical University No.69, Anna Salai, Guindy Chennai 600 032 Page No.13 of 14 https://www.mhc.tn.gov.in/judis W.P.No.6899 of 2010 N.SATHISH KUMAR, J.
kas W.P.No.6899 of 2010 19.09.2022 Page No.14 of 14 https://www.mhc.tn.gov.in/judis