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Showing contexts for: saveetha in Saveetha Medical & Educational Trust vs The Union Of India on 18 March, 2004Matching Fragments
Both these writ petitions are filed by the same petitioner, viz., Saveetha Medical and Educational Trust, Chennai.
2.1. Background factual matrix involved is undisputed and is essentially as follows:
The petitioner/College applied to the first respondent/Government seeking permission to start Master of Dental Surgery (for brevity "M.D.S.") course in Oral Pathology, with an annual intake of five students from the academic year 2001-2002, under the provisions of the Dentists Act, 1948 (for brevity "the Act").
2.4. Pursuant to the inspection conducted on 18.4.2001, the Executive Committee of the second respondent/Dental Council of India met on 6 th and 7th May, 2001, considered the inspection report submitted by the Inspectors and the decision taken by the Executive Committee was communicated to the petitioner/College vide their letter dated 25.5.2 0 01, relevant portion of which reads as under:
"That the joint inspection report is noted. The Executive Committee does not recommend to the Central Government to grant its permission for starting the MDS Course in the speciality of Oral Pathology at Saveetha Dental College, Chennai due to the following deficiencies:
4.The Saveetha Dental College, Chennai has misled the Council and has furnished false information about the teaching experience of the teaching staff at V.M.S.Dental College, Salem and Oxford Dental College, Bangalore but as per the Council's record the following teaching staff was never associated/worked at the said colleges, during the period as mentioned against each. The following member of teaching staff is not eligible for the post of Professor:
S.No. Name/ Designation Department Period Dr.Shankara Narayanan, Professor Oral Pathology 1990 to April 1997 at V.M.S.Dental College, Salem. May 1997 to 2000 at Oxford Dental College, Bangalore."
2.14. However, the second respondent/Dental Council of India, in their letter dated 12.2.2002 again recommended to grant permission to the petitioner/College to start M.D.S. (Oral Pathology) Course only with three seats instead of five seats. The relevant portion of the communication dated 12.2.2002 reads as under:
"The application of the said college for starting MDS course in the speciality of Oral Pathology was for 5 seats and inspection of the said college was conducted by the Council's Inspectors for 5 seats. Since Dr.Shankara Narayanan shown as Professor was not eligible for the post of Professor because he was never associated/worked at V.M.S. Dental College, Salem during the period 1990 to April, 1997 and May 1 997 to 2000 at Oxford Dental College, 3 seats for starting MDS Course in the speciality of Oral Pathology at Saveetha Dental College, Chennai were recommended on the basis of eligible/qualified teaching staff available at the time of inspection."