Karnataka High Court
The Principal vs The Government Of India & Ors on 20 June, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
W.P.No.202717/2019 (EDN-MED-AD)
C/W
W.P.No.202812/2019 (EDN-RES)
W.P.No.202717/2019:
Between:
The Principal
Hyderabad Karnataka Development
Educational Trust's,
Dental College and Hospital,
Kallur Road, Humnabad - 585 330
Dist. Bidar
... Petitioner
(By Sri R.S. Kadaganchi, Advocate)
And:
1. The Government of India
Ministry of Health & Family Welfare
Department of Dental Education Section
Nirman Bhavan, New Delhi - 110 108
Rep. by Under Secretary, Govt. of India
2. The Dental Council of India
Iwan-E-Galib Marg, Kotla Road
New Delhi - 110 002
Represented by its Secretary
2
3. The Director
Medical Education Department
Govt. of Karnataka,
Anand Rao Circle,
Bengaluru - 560 009
4. Rajiv Gandhi University of Health Sciences
4th T Block, East Pattabhirama Nagar
Jayanagar, Bengaluru - 560 041
Represented by its Registrar
5. State of Karnataka
Represented by its Secretary
Department of Medical Education
Vikas Soudha, Bengaluru - 560 001
... Respondents
(By Sri S.S. Aspalli, ASGI for R1 & R2 &
Standing Counsel for R4;
Sri K.M. Ghate, AGA for R3 & R5)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to:
a) Issue a writ in the nature of certiorari to quash the
decision and intimation of the respondent No.1 in file
No.V.12017/09/2019-DE(pt.I), dated: 31.05.2019 passed
by the Ministry of Health and Family Welfare,
Government of India (Dental Education Section) New
Delhi produced at Annexure-R and further direct
respondent No.1 & 2 to permit the petitioner college to
admit the students for BDS course for the academic year
2019-20;
b) Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondent No.1 & 2 to
consider the application of the petitioner for re-inspection
in regard to compliance by the petitioner college regarding
the points raised in the inspection.
3
W.P.No.202812/2019:
Between:
The Principal
S.B. Patil Institute of Dental Sciences
And Research, Bidar Naubad
Humnabad Road, Bidar - 585 402
Karnataka
... Petitioner
(By Sri R.S. Kadaganchi, Advocate)
And:
1. The Government of India
Ministry of Health & Family Welfare
Department of Dental Education Section
Nirman Bhavan, New Delhi - 110 108
Rep. by Under Secretary, Govt. of India
2. The Dental Council of India
Iwan-E-Galib Marg, Kotla Road
New Delhi - 110 002
Represented by its Secretary
3. The Director
Medical Education Department
Govt. of Karnataka,
Anand Rao Circle,
Bengaluru - 560 009
4. Rajiv Gandhi University of Health Sciences
4th T Block, East Pattabhirama Nagar
Jayanagar, Bengaluru - 560 041
Represented by its Registrar
5. State of Karnataka
Represented by its Secretary
4
Department of Medical Education
Vikas Soudha, Bengaluru - 560 001
... Respondents
(By Sri S.S. Aspalli, ASGI for R1 & R2 &
Standing Counsel for R4;
Sri K.M. Ghate, AGA for R3 & R5)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to:
a) Issue a writ in the nature of certiorari to quash the
decision and intimation of the respondent No.1 in file
No.V.12017/09/2019-DE(pt.I), dated: 31.05.2019 passed
by the Ministry of Health and Family Welfare,
Government of India (Dental Education Section) New
Delhi produced at Annexure-J and further direct
respondent No.1 & 2 to permit the petitioner college to
admit the students for BDS course for the academic year
2019-20;
b) Issue a writ of mandamus of any other appropriate writ,
order or direction directing the respondent No.1 & 2 to
consider the request letter date 31.05.2019 of the
petitioner for re-inspection in regard to compliance by the
petitioner college regarding the points raised in the
inspection as per Annexure-K.
These petitions coming on for preliminary hearing this
day, the Court made the following:
5
ORDER
Heard the learned counsel for the petitioners in the above said two cases, the learned ASGI for respondent Nos.1 and 2 and standing counsel for respondent No.4 and the learned AGA for respondent Nos.3 and 5.
2. The petitioners are the two dental colleges started the dental college on the permission of the Government of Karnataka and those institutions are recognized by the Dental Council of India on various dates. It is contended that inspite of all necessary requirements in the dental colleges, the Government of India as per Annexure-R in W.P.No.202717/2019 and Annexure-J in W.P.No.202812/2019 directed the above said dental colleges not to make any admissions in violation of Section 10 (b) of the Dentists (Amendment) Act and also Regulation 11A of Dental Council of India (9th Amendment) Regulations, 2017. Being aggrieved by the said orders issued by the Ministry of Health and Family Welfare, the petitioners are before this Court.
6
3. It is brought to the notice of this Court that the impugned orders as per Annexures-R and J were passed without considering the compliance report of the petitioners. The orders disclose that Ministry of Health and Family Welfare has invoked Clause 11-A of Dental Council of India (9th Amendment) Regulation 2017 and after giving personal hearing to the petitioners, the orders were passed. Considering the report and opinion of Hearing Committee and Dental Council of India, the Central Government has decided to accept part of the Dental Council of India's recommendations regarding stoppage of admissions so far as it relates to BDS course in the dental college of the petitioners and therefore, directed them not to admit any students for BDS course in the academic year 2019-20.
4. Learned counsel for the petitioners, first of all, drawn attention of this Court to the regulation issued on 12.01.2006 published in the Gazette of India by the Dental Council of India and submitted that the same is 7 not applicable so far as the petitioners' institutions are concerned because those regulations are applicable to the proposals relating to the establishment of new dental colleges after 2006-07. He submits that dental colleges of the petitioners were started much prior to 2006-07 therefore, he contends that the said amendment to Regulation 11(A) is also not virtually applicable to the petitioners. This particular legal point raised before this Court by the learned counsel for the petitioners appears to have not been considered by the respondents while passing the orders as per Annexures-R and J.
5. The next contention raised by the learned counsel for the petitioners is also a valid ground for consideration of these writ petitions. It is submitted that personal hearing was given to the petitioners before passing the impugned orders and in fact, at the time of personal hearing on 17.01.2019 and 17.05.2019 respectively the petitioners have submitted that they have complied with all the requirements as contemplated or 8 directions issued by the Dental Council of India as per Annexure-P in W.P.No.202717/2019 and Annexure-H in W.P.No.202812/2019. But the said compliance report submitted by the petitioners have not at all taken into consideration before passing the impugned orders. Report of the committee as referred to in the above said impugned orders were passed with recommendation as per Annexure-K dated 29.04.2019 in W.P.No.202717/2019 and Annexure-G in W.P.No.202812/2019. The said report was submitted by the committee constituted under the Dentist Act, 1948 by the Dental Council of India considering the deficiencies found in the institutions of petitioners. But, it appears no further joint inspection has been made by the joint verification committee on the basis of the compliance report submitted by the petitioners at the time of their personal hearing before Ministry of Health and Family Welfare. Therefore, it is evident that though the compliance report was submitted by the petitioners at the time of personal hearing as noted above, the impugned orders as per Annexures-R and J were 9 passed without considering compliance report either directly by the Ministry of Health and Family Welfare or any further inspection has been made to ascertain the truth or falsity of the compliance report. Therefore, in my opinion, the orders which are challenged before the Court as per Annexures-R and J respectively require to be quashed and a direction has to be issued to the respondents that the matter has to be considered once again by the Ministry of Health and Family Welfare after considering compliance report and if necessary, constituting a committee for inspection of the institutions of the petitioners to ascertain that whether the institutions have complied all the requirements as per the Act and Rules.
6. In the wake of the above said reasons, I proceed to pass the following:
ORDER The writ petitions are allowed. Consequently, Annexure-R dated 31.05.2019 in W.P.No.202717/2019 10 and Annexure-J dated 31.05.2019 in W.P.No.202812/2019 passed by the first respondent in both the cases are hereby quashed.
Respondent Nos.1 and 2 are hereby directed to constitute joint verification committee or inspect the premises of the petitioners-colleges to ascertain the truth or falsity of the compliance report submitted by them and thereafter, take a decision and pass appropriate orders in accordance with law as expeditiously as possible preferably on or before 15.07.2019.
Sd/-
JUDGE Swk/NB* Ct: RRJ