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TMI Blog2001 (4) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... edging that the Dental College has satisfied the qualifying criteria, recommended for starting with the batch of 60 students only and on that basis the Central Government granted permission to the respondent for starting college with 60 students only. Hence, respondent- Trust filed writ petition in the High Court for a mandamus directing the Central Government and the DCI to accord approval to the establishment of Dental College with annual batch of 100 students instead of 60 students. The Court observed that from the second report submitted by the Inspection Committee it appears that the Institution has complied with all the requirements for admitting a batch of 100 students, but strangely enough the comment given at the bottom of the second report that the existing infrastructure in terms of land building, equipment and staff etc. was adequate for 60 admissions. The High Court also held that no proper reason was assigned as to why the DCI permitted only admission of 60 students instead of 100 students when the Institution has complied with all the requirements as per the guidelines of Dental Council of India for admitting 100 students. The Court, therefore, held that the authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsfer of W.P. No. 8299/99 before this Court. This Court passed various interim orders. On 23rd July 1999, after hearing learned counsel for the parties, this Court passed the following order: - Learned counsel for the petitioner is permitted to file an additional affidavit alongwith the inspection report of the Dental Council. The High Court has appointed another Committee to inspect the college headed by the learned District Judge. We direct the Committee headed by the learned District Judge to send its report within two weeks. If the inspection by the learned District Judge has not already taken place, the learned District Judge will give notice to both parties, complete the inspection as directed by the High Court and send the report of inspection within two weeks. Copies of the report to be given to both sides. Issue notice on the transfer petition. Learned counsel for the petitioner is permitted to serve notice on the respective learned standing counsel for the respondent in this court additionally. On 3.5.2000, this Court passed the following order: For the first year batch 1998-99, the respondent had an order of the High Court for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ird year is concerned, we are not inclined to grant permission to these students of the first year batch of 1996-1997 and 1997-1998, but question of their taking the examination of May, 2000, will be decided at the next date of hearing after verifying if the 1997-98 first year batch was from merit list. By that time, we will be having the fresh inspection report also. So far as fresh inspection is concerned, there have been several inspection officers appointed by the Dental Council of India earlier. There have also been certain inspections done under the orders of the Court by the District Judge and another Committee which is supposed to have accompanied the District Judge. Now, we would like to have a fresh inspection report and a final one. It will be necessary to inspect once for all, to ascertain whether all the necessary conditions for grant of permission for conducting the course for the first, second, third and fourth year are satisfied and whether all the necessary infrastructure is available with the colleges in respect of the courses for the four years, including faculty and other staff. We, therefore, direct a fresh inspection by a Committee as specified lower ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pursuant to the directions issued by this Court by order dated 1.5.2000 the medical team headed by the Head of the Department of Post Graduate Institute of Medical Sciences, Chandigarh had filed its report and pointed out various deficiencies existing in the Dental College set up by the respondents. Learned Solicitor General has taken us through the report and the deficiencies mentioned therein. Learned senior counsel appearing for the institution has made an effort to say that there is a valid explanation with regard to the deficiencies pointed out by the Dental Council of India. But we make it clear that we are not inclined to accept any explanation in regard to the deficiencies pointed out by the inspection team. It will be for the team to certify to this court that every deficiency has been rectified. Learned senior counsel appearing for the respondents states that all defects have been removed and that fresh inspection can now be made. We, therefore, direct the Dental Council of India to request the same team, as far as possible, to make an inspection at an early date after issuing notice to the institution and conduct a fresh inspecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of one year and will be renewed on yearly basis subject to verification of the achievement of annual targets and revalidation of the performance bank guarantees. This process of renewal of permission will continue till such time the establishment of the Dental College and expansion of the hospital facilities is completed and a formal recognition will be granted after four years of the Dental College by the Dental Council of India. Unless the College fulfils the requirements for various stages of development to the satisfaction of the Dental Council of India further admissions are liable to be stopped. Further while upholding the validity of these Regulations, in Medical Council of India v. State of Karnataka and others [(1998) 6 SCC 131, at 154] this Court has observed that these regulations are framed to carry out the purposes of the Medical Council Act and for various purposes mentioned in Section 33. If a regulation falls within the purposes referred under Section 33 of the Medical Council Act, it will have mandatory force. Similarly in the State of Punjab Ors. v. Renuka Singla and others [(1994) 1 SCC 175], Court held thus: - It cannot be disputed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... educational 'shops' in the country. Therefore, there are statutory prohibitions for establishing and administering educational institution without prior permission or approval by the concerned authority. On occasions, the concerned authorities, for various reasons, fail to discharge their function in accordance with the statutory provisions, rules and regulations. In some cases, because of the zeal to establish such educational institution by persons having means to do so, approach the authorities, but because of red-tapism or for extraneous reasons, such permissions are not granted or are delayed. As against this, it has been pointed out that instead of charitable institutions, persons having means, considering the demands of the market rush for establishing technical educational institutions including medical college or dental college as a commercial venture with sole object of earning profits and/or for some other purpose. Such institutions fail to observe the norms prescribed under the Act or the Regulations and exploit the situation because of ever increasing demand for such institutions. In such cases, permission is refused by the authorities without there being any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p course even without passing the MBBS examination. It was held that the courts should not embarrass academic authorities by themselves taking over their functions. In A.P. Christians Medical Educational Society v. Govt. of A.P. [(1986) 2 SCC 667] this Court observed that the Court cannot by its fiat direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself as that would be destructive of the rule of law. There cannot be any dispute that normally the court should not interfere with the functioning of the educational institutions, particularly, expert bodies like the MCI or the DCI. Still however, the question is posed that if such bodies act arbitrarily for some ulterior purpose, whether the court has the power to set right such arbitrary exercise of power by such authorities. We find the answer to this question in the affirmative. We also agree with the learned Solicitor General that educational institutions should not be permitted to be commercialized for earning money, but at the same time, the courts can do very little in this field as it is the function of the expert bodies, such as, Medical Counci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion shall be considered as per the regulations. 3. The Dental Council of India is directed to forthwith forward to the Central Government its recommendations consistent with the aforesaid. 4. The Central Government is further directed to grant appropriate permissions/renewals based on the recommendations of the Dental Council of India forthwith, in any event, not later than a period of three weeks from the date of recommendations made by the DCI. 5. The order directing suspension of classes shall stand withdrawn with respect to eligible students. For this purpose, eligible students shall be of the following two categories- i. Those students who have appeared in any common entrance test held by any State Government (whether by itself or through any other authority) and have obtained not less than 50% of the total marks in English and Science subjects taken together at the qualifying examination or 50% of the total marks in English and Science subjects at the competitive entrance examination. ii. Those students, other than those falling in (i) above, who have obtained not less than 50% marks in English and Science subjects taken toge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by the Allahabad High Court. It has been pointed out that respondent College functions on 'no profit no loss' basis and it would not be in the interest of society to drag the management to a situation where it may be compelled to close down the institution. In any case, it would be a great loss of public money besides jeopardising the career of students admitted. For this purpose, he referred to State of H.P. and others v. Himachal Institute of Engineering and Technology, Shimla [(1998) 8 SCC 501] and submitted that in such a situation either the seats must remain vacant and be wasted or the management must be permitted to fill those seats on a reasonable criteria adopted by the management. He submitted that an effective solution has to be found out as observed by this Court, otherwise the Institution would not be able to meet the expenses for running the professional course and would be placed on the Hobson's choice of either suffering huge losses or closing down the Institution. It is his contention that ultimately after establishment of college, for running it, the finance has to come from those students as per the Scheme envisaged in Unni Krishnan's ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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