Allahabad High Court
Kalka Educational Society And Another vs The Union Of India And Another on 7 February, 2013
Author: Arun Tandon
Bench: Arun Tandon
HIGH COURT OF JUDICATURE AT ALLAHABAD ?A.F.R. Court No. - 38 Case :- WRIT - C No. - 7058 of 2013 Petitioner :- Kalka Educational Society And Another Respondent :- The Union Of India And Another Petitioner Counsel :- M.K. Gupta Respondent Counsel :- A.S.G.I.,Sudeep Harkauli Hon'ble Arun Tandon, J.
Petitioner institution is stated to have submitted an application for MDS Course to the Central Government well within time as per the schedule as framed under Regulation 4 (2) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges), Regulations, 2006 (herein after referred to as DCI Regulations, 2006).
This application is stated to have been submitted by the petitioner on 29.06.2012. The application was not processed any further by the Central Government in view of the fact that it did not accompanying the essentiality certificate from State Government. The essentiality certificate has been issued to the petitioner only on 20.08.2012 i.e. beyond the last date mentioned in the matter of submission of the application for MDS Course before the Central Government.
According to the petitioner delay in issuance of the essentiality certificate is squarely upon the State Government, therefore, the petitioner cannot be made to suffer for the said delay.
The application of the petitioner has been returned under the order impugned with the remark that the time frame, as per Schedule to DCI Regulations 2006, has expired on 31st July which was the date for forwarding of the application of the MDS Course for the academic Session 2013-14. Liberty has been granted to the petitioner to apply afresh in the next academic session i.e. 2014-15 strictly in accordance with the provisions of the DCI Regulations, 2006.
The petitioner forwarded a letter to the Central Government pointing out that the delay in submission of the essentiality certificate has been caused due to in-action on the part of the State Government for which the petitioner cannot be blamed. This application has been again rejected for the same reasons. Petitioner has, therefore, approached this Court by means of the present petition.
It is his case that under Section 10-A of the Dentists Act, 1948, the Central Government is duty bound to refer all the applications received prior to 31st July to the Dental Council of India and it is for the Dental Council of India to point out the defects, if any. In the facts of the case, the application of the petitioner could not have been returned by the Central Government and it had to be forwarded to the Dental Council of India for inspection of the institution for the academic session 2013-14. The last date for such inspection has been notified as 01.10.2012 to 15.02.2013 which period has not expired, the petitioner institution can still be inspected. The Dental Council of India may be asked to do the needful.
He further submits that under Note-2 to the Schedule, appended to DCI Regulations, 2006, the Central Government for the reasons to be recorded in writing may modify the time schedule in a given case. According to the petitioner his case deserves consideration for relaxation of the time fixed for the reason that the petitioner institution cannot be made to suffer because of the lapse on the part of the State Government in not issuing the essentiality certificate within time.
I have heard Shri M.K. Gupta, counsel for the petitioner, Shri Jai Prakash Rai, Central Government Counsel on behalf of Union of India, Shri Sudeep Harkauli, counsel for the Dental Council of India.
Under the DCI Regulations, 2006 a time schedule has been framed for submission/processing of the application in respect of starting of courses in BDS/MDS. As per the schedule appended to the said regulations, time for making of the application before the Central Government in respect of the MDS Course is between 01st March to 10th July of any year. According to the petitioner this part of the time schedule has been complied with. It is admitted that the application was not supported by any essentiality certificate as the papers in that regard were still engaging the attention of the State Government. The question of any further action being taken by the Central Government on the said application of the petitioner did not arise inasmuch as essentiality certificate is a necessary document. It is for this reasons that the Central Government did not take any action on the application submitted by the petitioner institution. The essentiality certificate was submitted by the petitioner only on 04.09.2012 i.e. much after the last date fixed in the matter of receipt of the applications by the Central Government under the Schedule.
In my opinion an incomplete application is no application. Therefore, the complete application can be said to have been submitted by the petitioner institution in the facts of the case only on 04.09.2012. This complete application was received much beyond the date mentioned in Column No. 1 of the Schedule. The Central Government is, therefore, justified in not forwarding the application to the Dental Council of India for technical scrutiny inasmuch as the last date fixed for such recommendation being made by the Central Government is 31st July.
It may be recorded that the Dental Council of India has to frame a detail scheme in the matter of inspection of institutions seeking permission under the DCI Regulations, 2006. For each institution separate team of experts is to be appointed for actual physical verification of the institutions. It is only in respect of the institutions whose application is forwarded by the Central Government up to 31st July, 2012 that the Dental Council of India has framed a time schedule as per its notification dated 27.09.2012. The actual inspection has to be done between 1st October, 2012 to 15th February, 2013. The last date for submission of its recommendation by Dental Council of India after inspection to the Central Government is 28.02.2013. The petitioner institution cannot insist that his application be forwarded to the Dental Council of India and it may be asked to appoint a team of experts for verification of the petitioner institution within 15 days from today as the last date for submission of recommendation is 28.02.2013.
In the facts of the case, the letter of the Dental Council of India dated 30.08.2012 and dated 28.09.2012 returning the application of the petitioner with liberty to apply afresh for the academic session 2013-14 are found to be strictly in accordance with law.
This Court may now deal with the issue pertaining to modification of the time schedule as contemplated by Note-2 of the Schedule to DCI Regulations, 2006. It would be worthwhile to reproduce the Note-2 which reads as follows :
?The time-schedule indicated above may be modified by the Central Government, for reasons to be recorded in writing, in respect of any class or category of applications.?
From a simple reading of the Note, it is apparent that power conferred upon the Central Government is with reference to a particular class or category of applications, it is not with reference to any particular case or particular institution. Moreover such modification in the time schedule has to be made by the State Government much prior in point of time so that all such category or class of institutions may take benefit thereof. The purpose of the note is not for relaxation of the time schedule in a individual case. The plea raised by the petitioner for modification of the time schedule also cannot be accepted by the Court.
Writ petition is dismissed. However, liberty is granted to the petitioner to apply afresh for the academic session 2013-14.
Dated :07.02.2013 VR/7058/13