B R Ambedkar Institute of Dental Sciences and Hospital & Anr v. Union of India & Ors

RAJIV SAHAI ENDLAW, J.

JANUARY 22, 2014 pp

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd January, 2014 + LPA 697/2013 B.R. AMBEDKAR INSTITUTE OF DENTAL SCIENCES AND HOSPITAL & ANR ..... Appellants Through: Mr. Sunil Gupta, Sr. Adv. with Mr. Avneesh Garg and Ms. Kanika Sharma, Advocates. Versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Amrit Pal Singh and Mr. Rupinder Pal, Advocates for R-1, 2, 3 & 7. Mr. Gaurav Sharma and Mr. Kapil Midha, Advocates for R-4 to 6. CORAM :- HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This intra Court appeal impugns the judgment dated 1st August, 2013 of the learned Single Judge of this Court of dismissal of W.P.(C) No.3257/2013 filed by the two appellants. Notice of the appeal was issued. We have heard the learned senior counsel for the appellants and the counsel for the respondents no.4 to 6 being the Dental Council of India (DCI) and its Secretary and the Secretary in Charge. 2. The writ petition from which this appeal arises was filed by the appellants impugning, (a) the two recommendations dated 28th February, 2013 of the respondent no.4 DCI to the Government of India (GoI) to disapprove the application of the appellant no.1 (the appellant no.2 is the Chairman of the appellant no.1) for starting Master of Dental Sciences (MDS) course in the appellant no.1 Institute in the subjects of (i) Paedodontics & Preventive Dentistry and, (ii) Conservative Dentistry & Endodontics, in the academic session 2013-2014, for the reason of "deficiency of clinical material for 100 BDS seats and for starting PG course"; (b) further impugning the order dated 23rd April, 2013 of the GoI disapproving such applications of the appellant no.1, and, (c) for mandamus commanding the respondents to grant permission to the appellants for starting the MDS course in the two subjects aforesaid for the academic session 2013-2014. 3. It was inter alia the case of the appellants in the writ petition:- (a) that the appellant no.1 is a minority college established in the year 1990; the GoI vide its letter dated 4th January, 1996 granted permission to the appellants to start BDS course with 40 seats; vide Notification dated 4th April, 2000 GoI granted recognition to the appellants' college for the BDS degree; (b) though the GoI vide its letter dated 11th July, 2002 ordered that no admissions in the BDS course in the appellants' college should be made in the academic session 2002-2003 but the appellants' college w.e.f. the academic session 2006-2007 has again been taking admission in the BDS course and the permission to the appellants to take admissions was being renewed from year to year; ultimately from the year 2011 the appellants' colleges was not required to take yearly permissions for admission to the BDS course; (c) that the appellants' college on 30th June, 2010 applied to the GoI for granting permission to start MDS course for the academic session 2011-2012 in four specialties but was refused such permission; (d) the appellants filed a writ petition in the Patna High Court in this regard and though vide interim order in the said writ petition the appellants were permitted to admit students provisionally but the said interim order was set aside in an intra court appeal in the Patna High Court and the Special Leave Petition preferred by the appellants was dismissed with an observation that the dismissal thereof would not come in the way of the appellants seeking permission for the academic session 2012-2013 or subsequent sessions, on removal of deficiencies and on compliance of requisite formalities; (e) that the appellants removed the deficiencies and again applied for permission for the academic session 2012-2013 and for which year while the appellants were granted permission to commence MDS course in some of the specialties, it was again denied permission in other specialties; (f) that the appellants again filed a writ petition before the Patna High Court challenging the denial of permission in other specialties