IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 27266 of 2010(G) --------------------------------- PETITIONER(S): ------------------- ROYAL EDUCATIONAL FOUNDATION, REPRESENTED BY ITS SECRETARY, IRON HILLS, CHALISSERY.P.O., PALAKKAD. BY SR. ADV. SRI.KURIAN GEORGE KANNANTHANAM, SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA, NEW DELHI-110001. 2. DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, KOTLA ROAD, NEW DELHI-110002. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 BY ADV. SRI.SAJEEV KUMAR K.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27266 of 2010 G ``````````````````````````````````````````````````````` Dated this the 28th day of October, 2010 J U D G M E N T Petitioner has established a Dental College, which is affiliated to the Calicut University. Ext.P1 is the copy of the notification issued by the Government of India, amending Part I of the schedule to the Dentists Act, 1948, including the name of the petitioner's Dental College also. 2. The controversy in this writ petition is in relation to the application, which the petitioner made for approval to commence MDS course in their college, for the academic year 2011-2012. Ext.P2 is the extract of the Dental Council of India Regulations 2006 for seeking permission of the Central Government for starting new or higher courses of study or training. Ext.P3 is the form of application and Ext.P4 is the form of affiliation, which are a part of Ext.P2 Regulations. 3. Petitioner submitted its application. However, by Ext.P9 communication, first respondent intimated the W.P.(C) No.27266/2010 : 2 : petitioner that it did not submit documents such as University Affiliation from the concerned University, which was essential for forwarding the petitioner's application to the D.C.I. before 31.07.2010, for technical evaluation and recommendation and, therefore, the application cannot be forwarded. According to the first respondent, 31-07-2010 was the last date specified as per the schedule prescribed in the Regulations of the DCI for forwarding MDS applications for the academic year 2011-2012. It was on receipt of Ext.P9 communication, this writ petition has been filed, challenging this order and seeking consequential reliefs. 4. Contention raised by the learned senior counsel for the petitioner is that, it is not a mandatory condition of the Regulations to enclose the University Affiliation, along with the application, which is to be made to the Central Government for forwarding the same to the DCI for technical evaluation and recommendation. In support of this contention, learned senior counsel relied on Ext.P3 Regulations, Ext.P10 time W.P.(C) No.27266/2010 : 3 : schedule and Ext.P11 Circular issued by the DCI. It was contended that as per clause 13 of Ext.P2 Regulations, the petitioner is qualified for starting higher course of study in dental subjects, if it had the University's permission. According to the learned senior counsel, after an application is made by the college for starting higher course of study, Ext.P11 requires the college to submit a self assessment report. It is stated that, although last date for receiving MDS applications for approval for the academic year 2011-2012 in DCI's office through the Government of India was 31-07-2010, self assessment report as per Ext.P11 was to be submitted to the DCI during the period from 15-10-2010 to 30-10-2010. According to him, as per Ext.P11, valid essentiality certificate and University Affiliation for 2011-2012 are also to be attached to the self assessment report and, therefore, it was not necessary to have enclosed the University Affiliation along with the application made by the college. On this basis, it is contended that the fact that the college had not enclosed the W.P.(C) No.27266/2010 : 4 : University Affiliation also along with the application was not fatal and the Government should have forwarded application of the petitioner to the DCI for evaluation. 5. However, Standing Counsel appearing for the second respondent contradicted the contentions of the learned senior counsel for the petitioner. According to the learned Standing Counsel, Ext.P3, format of application, which is a part of Ext.P2 Regulations, contains a list of enclosures to the application. It is stated that as per serial No.8, copy of the letter of affiliation issued by the University is required to be attached. Counsel also made reference to clause 9 of the application form which required the applicant to furnish details of the University Affiliation. Learned counsel also contended that the fact that the University Affiliation is to be enclosed to the self assessment report, which is to be submitted by the college during October, 2010, does not mean that the requirement of enclosing the copy of the affiliation along with the application stands dispensed with. W.P.(C) No.27266/2010 : 5 : According to the learned Standing Counsel, therefore, Government of India was justified in the view which it has taken in Ext.P9 order. 6. I have considered the submissions made. Ext.P3 is the extract of the relevant Regulations. It is true that going by clause 13 of the Regulations, a Dental College which, among other things, have obtained University's permission, is qualified to start a new or higher course of study. In my view, this is only a condition of eligibility to seek approval of Government of India. Regulation 14 mandates submission of application in Form-2. Among the various documents to be submitted by an applicant, the letter of affiliation issued by the recognised University is one of the documents specified. Details of the affiliation order are also to be specified against column No.9 in the application form. It is on receipt of the documents and other details so furnished by an applicant, that the application is forwarded to the DCI for evaluation. What is relevant to be noticed from Ext.P3 application is that W.P.(C) No.27266/2010 : 6 : at the time when an application is made, the college concerned is required only to produce certified copy of the letter of affiliation. On receipt of the application with all attachments specified, Government of India shall forward the same to DCI for evaluation. Before actual evaluation is made, the college is required to submit its self assessment report to the DCI, as provided in Ext.P11 order. When such a self assessment report is made, the college also required to produce the University Affiliation and, unlike Ext.P3, Ext.P11 does not state that certified copy will suffice. Therefore, what is required to be produced along with the self assessment report is the letter of affiliation itself. Therefore, the fact that Ext.P11 requires production of University Affiliation along with the self assessment report, does not mean that the college is exonerated of its liability to produce copy of the letter of affiliation along with the application. If that be the purport of Exts.P2 and P11, admittedly, before 31-07-2010, the last date mentioned in Ext.P10 for submission of application, the W.P.(C) No.27266/2010 : 7 : petitioner did not submit an application complete in all respects. If that be the case, the first respondent Government was justified in taking the stand that it could not forward the application of the petitioner to the DCI for considering the same for the academic year 2011-2012. In any event, the view taken by the 1st respondent is certainly a plausible view and for that reason also, Ext.P9 order does not call for interference in a proceedings under Article 226 of the Constitution of India. Therefore, I do not find any merit in the writ petition. Accordingly, writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge