Best Dental Science College Ultra Trust, Rep By Its Principal vs. Government Of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (C) NO. 28088 OF 2015

Best Dental Science College Ultra Trust, Rep by Its Principal Petitioner(s)

VERSUS

Government of India & Anr. Respondent(s)

O R D E R

This is an exceptional case which shows the manner the Dental Council of India (in short `Council') flouted the order and direction of the Court and the Government. The petitioner college was established as far back as in 2006 when the essentiality certificate was given by the Government. Notification regarding the recognition was also issued and the University granted affiliation for the year 2015-2016. On 20.04.2015 the Dental Council of India after the inspection of the college pointed out eight deficiencies. The petitioner immediately submitted compliance report. On 28.04.2015 Council again inspected the college and pointed out other seventeen deficiencies. After about two months by letter dated 15.06.2015 the Council recommended the Government not to grant renewal. On 19.06.2015 the Government summoned the petitioner for personal hearing. On 24.06.2015 the petitioner college submitted compliance report again. On 26.06.2015 the

Government directed the Council to inspect and verify the compliance. Instead of complying the order of the Government, the Council by letter dated 09.07.2015 informed the Government about its inability to conduct inspection by saying that last date for sending the recommendation was 15.06.2015. Consequently, the Union Government denied permission by letter dated 15.07.2015. On 16.07.2015 petitioner filed writ petition. The High Court by interim order dated 21.07.2015 directed the Council to inspect the college on or before 03.08.2015. This order was not followed by the Council, as a result, a contempt petition was filed by the petitioner. The respondent counsel filed writ appeal against the direction given by the High Court and the said appeal was dismissed. The High Court again by final order dated 15.09.2015 directed the Council to inspect the college and submit a report within one week. It is only then positive inspection report has been submitted by the Council. The High Court accordingly directed the Council to send recommendation to the Central Government and on analysis of the recommendation the Government has been directed to consider the case of the petitioner for issuance of a letter of permission on merits to complete the process within five days.

Learned counsel appearing for the respondents submitted that the recommendation along with positive inspection report has been sent to the Government.

2

Further, learned counsel very fairly submitted that the Central Government will pass order today itself and the petitioner would be able to take admission. Mrs. Rekha Pandey, learned counsel appearing for the Union of India also submitted before us that the order of the Government permitting the petitioner to take admission of the students shall be issued during the course of the day and in the meantime the petitioner may start taking admission of the students.

Mr. Subramanium Prasad, learned senior counsel appearing for the State of Tamil Nadu, has been directed to immediately comply with the direction of this Court and allow the permissible limit of students to the petitioner's college forthwith for taking admission for the academic year 2015-2016.

With the aforesaid direction and observation the special leave petition stands disposed of.

….....................J. (M.Y. EQBAL)

…......................J. (C. NAGAPPAN)

New Delhi; Date: 30.09.2015. 3

ITEM NO.2 COURT NO.10 SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 28088/2015

(Arising out of impugned final judgment and order dated 25/09/2015 in WPMD No. 12420/2015 passed by the High Court Of Madras At Madurai)

BEST DENTAL SCIENCE COLLEGE ULTRA TRUST, REP BY ITS PRINCIPAL Petitioner(s)

VERSUS

GOVERNMENT OF INDIA & ANR. Respondent(s)

(With appln. for exem. from filing c/c of the impugned judgment and interim relief and office report)

Date : 30/09/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN

For Petitioner(s)	Mr. Sanjay Hegde,Sr.Adv.<br>Mr. H.N.Salve,Sr.Adv.<br>Mr. Balaji Srinivasan,Adv.<br>Ms. Saraswati Reddy,Adv.<br>Ms. Vaishnavi Subrahmanyam,Adv.
	Mr. S.Nitin,Adv.
	Mr. Mayank Kshirsagar,Adv.
	Ms. Srishti Govil,Adv.
For Respondent(s)	Mr. Ajay Sharma,Adv.
	Mr. Ajay Singh,Adv.
	Mr. D.S.Mahra,Adv.
	Mr. S.Prasad,Sr.Adv.
	Mr. B.Balaji,Adv.
	Mr. Rakesh Sharma,Adv.
	Ms. R.Shase,Adv.
	Mr. Gaurav Sharma,adv.
	Mr. Prateek Bhatia,Adv.
	Mr. D.Mohan,Adv.

UPON hearing the counsel the Court made the following O R D E R

The special leave petition stands disposed of in terms of the signed order.

(SUMAN WADHWA) AR-cum-PS (INDU POKHRIYAL) COURT MASTER Signed order is placed on the file.