IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 03.08.2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition Nos.9463 and 9464 of 2009 and M.P.No.1 of 2009 Dr.M.G.R. Educational and Research Institute (Deemed University) Under Section 3 of the UGC Act No.22,G.N.Chetty Road, T.Nagar,Chennai 600 017, represented by its Chairperson Smt.S.Lalitha Lakshmi ---- Petitioner in both W.P.'s --Vs-- 1.The Union of India represented by Secretary to Government, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi- 110 011. 2. Dental Council of India represented by its Secretary, Aiwan-E-Galib Marg, Kotla Road,New Delhi 110 002. ---- Respondents in both W.P.'s Prayer in W.P.No.9463 of 2009: Petition filed seeking for a writ of certiorari-fied- Mandamus, calling for the records comprised in the proceedings of the first respondent dated 13.04.2009 in letter F.No.V.12017/54/2003-DE and quash the same and consequently forbear the respondents in any manner interfering with the right of the petitioner to admit the students for the academic year 2009-2010 and thereafter in the light of clause 17(3) of the 2006 Regulations. PRAYER IN W.P.No.9464 of 2009: Petition filed seeking for a writ of Mandamus directing the respondents to consider the review application of the petitioner dated 20.04.2009 and grant permission for the 3 specialities in the MDS course namely Conservative Dentistry – 2 Seats, Periodontics – 2 Seats and Oral surgery – 2 Seats for the year 2009-2010 by conducting appropriate inspection to satisfy the compliance of deficiencies pointed by the second respondent, and if necessary, by granting reasonable time of 3 months to the petitioner https://hcservices.ecourts.gov.in/hcservices/ to comply with and fulfill the deficiencies if any to enable the petitioner to admit the students for the academic session 2009-2010. For Petitioner : Mr.N.R.Chandran Senior counsel for Mr.S.Rathinasabapathy For Respondents : Mr.V.Ravi (R1) Mr.P.Chandrasekaran (R2) C O M M O N O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing on behalf of the respondents. 2. At this stage of the hearing of the writ petitions, the learned counsel appearing on behalf of the second respondent had submitted that a Joint Inspection Report, relating to the petitioner Institute, has been sent to the first respondent, pursuant to the order passed by this Court, on 22.6.2009, in M.P.No.1 of 2009, in W.P.No.9464 of 2009, for further action. 3. The learned counsel appearing on behalf of the petitioner had submitted that it would suffice if the petitioner is permitted to make a representation to the first respondent, regarding the issues relating to the conducting of the speciality courses in Periodontics, Conservative Dentistry and Oral Surgery, and if the first respondent is directed to pass appropriate orders thereon, on merits, and in accordance with law, and in view of the Joint Inspection Report, dated 9.7.2009, submitted by the second respondent to the first respondent, within a specified period. 4. The learned counsel appearing on behalf of the first respondent has no objection for this Court passing such an order, as prayed for by the learned counsel appearing on behalf of the petitioner. 5. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the petitioner is permitted to make a representation to the first respondent, as prayed for, within a period of one week from today, and on receipt of such representation, the first respondent is directed to pass appropriate orders thereon, on merits, and in accordance with law, in view of the Joint Inspection Report, dated 9.7.2009, submitted by the second respondent to the first respondent, vide Communication No.DE-15(73)- 2009/A-3098, dated 17.7.2009, within a period of three weeks, thereafter. However, it is made clear that this Court, by this order, has not expressed any opinion, on the merits of the matter. The writ petitions are disposed of with the above directions. No costs. https://hcservices.ecourts.gov.in/hcservices/ Consequently, connected writ petition miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr To 1.The Secretary to Government, Union of India Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi- 110 011. 2. The Secretary, Dental Council of India Aiwan-E-Galib Marg, Kotla Road,New Delhi 110 002. 2 cc To Mr.Ravi, Advocate, SR.34056,34057 1 cc To Mr.S.Rathinasabapathy, Advocate, SR.31581 1 cc To Mr.P.Chandrasekaran, Advocate, SR.33895 Writ Petition Nos.9463 and 9464 of 2009 CK(CO) PMK.5.8.2009 https://hcservices.ecourts.gov.in/hcservices/