1 rV 422 1 CWP NO13946of2009 1 F IN TI1E HIGH COURT OF PUNJAB ANIO HARYANA AT CHANDIGARII DATE OF DECIS1ON2 2009 uxmi Bai Instutc of Dental Scienccs O IIospital ctoner 11 VERSUS 0 Union ofIndia and another e e e Rcsponden ts C C5 c CORAM Z IlONBLE MRJUSTlCE PERMOD KOHLl t e PRESKNT MrC NagpalAdvocatefor thepetilioner ct1 MrGurminder SinghAdvocatc for 0 mm Permod KohliJ Z t1 he petitioner is an unaidcd notlninory institution establishcd in the State of Punjabto impartdental cducation lhe Institution was establishcdby the socictynalnelyMa BhagwatiEducational Socicty The petitioner appliedfor cstablishmentofthe College foi I3IOSCoursc Ior 60 intakc capacilyln the ycar 2000 Thc petitioner 1 appliedfor granlof permission to thc Govcmmentof lndia through Dcntal Council of India for the academic session 20010 7Fhcpermission to establish the collcgeand commence the I3IOSCourse for 60 studcntswas ranted for the academic sesslOll 20002 The petitioncr also appliedfor affiliation to I3aba1arid University of Health Sciences l7aridkotin view of 1 Batra Amit 2014.04.05 12: 17 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 423 r n CWP NO3946 of2009 2 r the grantof by the Governlnent of lndiaIDCI The IJniversity also grantedaffiliation The petitioner comlnencedthe course and admitted60 studentsfor the academicsession 200102 upto200708 Thc petitioneragainappliedfor lncrease of the number of seats from 60 to 100for thc academicsession 200809 Thc Ministryof Ilealth and Family Wclfare IOental Governlnent of India vide its letter dated m 1792008 grantedperlnission to the petitionerfor 100 seats for the 0 C academicsession 200809 This was however for a periodof one year The petitioner admitted 100 studcntswith the increasedintake C capacityduringthe academic sesSlOn 200809 The Z was Iiable to fresh for continuation of admissionfor the lllCreasedintake capacityfor the next academic session 2005e2010 An 0 inspectlonwas carried out by the team of the DCI on 1A2009 C5 for grant of permlssion for the 2 year I3DS course for the increased 0 capacityof 40 seats and as many as four deficiencies were communicated m Z to thc petitioner vide letter dated432009 1nnexureP The petitioncr claims that the said deflcicncies were removed and that thesedeficiencies did not exist and a detailed rcplywas sublnitted byit vide its letter dated 2932009 P Some deficiencics were againcommunicatedto thc pctitionervide letter dated 1062009 lnnexure P49 his letter was replied on 2962009 vide AnnexureI5 claimingthat no ex 1StS e C The petitioneryet received another communication dated 82009 Annexure P69pursuanttothe decision takenbythe 13xecutiveCoinmittee of lhc DCI in its lneetingheld on 772009 and as many as six deflciencies were poinlcdout It was followed by another letter dated 23 72009 Annexure P issued by the Under Secretary to the Governmentof India Batra Amit 2014.04.05 12: 17 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 424 r CWP NO3946 of2009 3 1 the petitioner from makingadmissionfor the lncreasedseatsfor the academic session 200920 10 on account of various deficiencies allcgedIy indicatedto the petitioner vide earlier lctter dated872009 Even this letter was reponded to bythe petitionerglvingthe details of the staff deployed byit which is said to be deflcient Learned counsel for the petitioner has arguedthat all the m f defcicncics pointed out bytherespondents in fact do not exist and this fact 0 C has bccn comlnunicated and lndicated ln varloUS rcpliesfiled by the petitionerWith regardto deflciency of various doctors it is statedthat at C the time of inspectionsolne of the doctors were on leave due to vacation Z and affldavits of such doctors were also forwardedto the However the havc not extended the recognition for the academicsession 200C20 10 The has also relied upon 0t1 orderspassedbythisCourt in CWP Nos21 of2006 and 420 of2006 and 03 also an ordcr passedbytheHighCourt Orissa dated 682009 to canvas that mW Z under slmllar circumstancesthe Honble Court had extendedthe tl recognition and at the same time directed for fresh inspectionThe Orissa I IighCourt has also made directions in similar manner thoughlnterlln ln 0 nature Thc petitioner has also refcrred to a similar order dated 392009 passedby this Court in CWP No12901 of2009 In the aforesaidorder this Court passedfollowingdirectionsl C 44n view of the above circumstanccs this petilion 1S disposedof with a direction to the Dental Council of India to conduct inspection of the by 109009 and the Governmentof India considerand passa final order by 1582009 on consideration of the Batra Amit 2014.04.05 12: 17 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 425 0 CWP NO3946 of2009 4 inspection reportas also bytakinginto considerationthe ofthe petitioner dated48009 P7 If the of the 1Sto be rejectedlt shall be by passinga spcakingand reasonedorder If is found eligiblelll all respects the Universitywill conduct the special 1 counselling and allocatc thc studcnts to the 0 Collegebefore 2592009 31 C X A detailedreplyhas been Oled by noDental Council of C5 Indiathroughits Stressing the need for qualityand standard education in the aforesaidmedical courses 111Sstatedthat in the inspection conductedby the of the IOCI on l A2009 various deliciencies were pointcdout The Collegehowever could notremove the deflcienCY 08 thoughreplywas received The reportof the Collegewas Co considercdbythe I3xecutiveCommitteeof the DCI in its meetingheld on 7 762009 and it was rccommendedto the Central Governmentnot to renew Z Llu its for the increased capacityof 40 scats on account of deficiency ofdoctors in different flelds At thc same time thepetitioner was askcd to furnish compliance reportThe petitioncr did sublnit colnpliancc reportand on thal basls a fresh inspection team was deputed and inspection C was carried out on l72009 for verifyingthe compliance repon Joint inspection reportof the was considered in the meeting held on 772009 but the Council agalnrecommendedto the Central Government notto renew its perlnission on account ofpersistent deflciencies which have beendetailed in the replyCentral Governlnent on the recommendationsof the DCI comlnunicated to the petitioner its decision not to renew the Batra Amit 2014.04.05 12: 17 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 426 7 CWP NO13946 of2009 5 r for increasedcapacityfor the academicsession 20092010 vide llS COllllllunlcatlOll dated 23 3009 I2161 The have furthermentionedthat no admissionsare after 3092009 ln vlew of the directions of Honble Supreme Court in Mridul Dhar vse 1 Union of India200512 SCC 650 m I havc hcard learned counsel for the particsin dctail he petitioner 1Z claims that all deflciencies pointedout by the Inspcctors have been 0 removed However the DCI which is entrustedwith the jobof carrylngout X of thc IOentalCollegesdeputcd varlous teams for the inspection C5 and all the inspection teams reported vanous dcflciencles On account of Z deflciencies the DCI recommendednot to exlend the for the second batch of the studentsto the I3DS Coursc for the increased seats for the Academic Session 200C2010 The Ccntral Government X clj accepted thc recolnmendationand informedthe petitioner vide Ietterdated C0 2372009 wm Z Il is argued on behalf of thepetitioner that the petitioner hasalready a rcinovcd thc dcficicncies The last reportscnt bythe petitioner lS datcd 3072009 It has been argued on behalf of thc pctitioner that this reporthas not beenconslderedbythe DCIIGovernmentofIndia Obviouslywhen the Governlnent of India had declined 10 renew the C rccognltionOll 23 72009 this colnpliancc report was not put before lt havingbccn sent to the decision takcn by the Governmcnt of India on the recommendationof the DCI ln 3 1 of thejudgment in Mridul Dhars case supra the Honble Supremc Court has fixed the r Cuoff dateas 30 for tnakngadmissionto the medical courses he cut 6ff date is alreadyover No dircction can be issued to thc Batra Amit 2014.04.05 12: 17 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 427 tlr CWP NO13946 of2009 6 A to extendthe recognition for the academicsesSlOll 20092010 lIl vlew of the mandateof the aforesaidjudgmentIt is however deemed that the be directed to reexamlne the entlreissue in the lightof the compliance reportdated 3072009 and the will deputc a fresh team for the inspection ofthe institutionin the lightof thc compliance rcportand on the basis of the fresh inspectionthe 1 may consider the questionof cxtension of increased intake 0 C capacity to the BDS course from 60 to 100for the ncxt academicsession It X lS pertinent to rnention that mostlythe controversyis raised duringthe C5 X periodofadmissionitwould be ifthe matteris examinedand Z considcredbythe within a periodoftwo lnonths In the event the petitionerhas removed the deflciencies and all the 0 forlnalities the lnay grant for the O5 increasedintakecapacityfrom the next academicsesslon 0 With the aforesaid observationsldirections thi s petitionis disposcd em Z of Qm 4 PERMOD KOHLII JUDGE I2e1102009 NIFK l1 NOTEWhether to bereferredto Reporter or notlYES 1w b L0FAA J4Ar Ie 1 Batra Amit 2014.04.05 12: 17 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document