EDUCARE CHARITABLE TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, invoking the provisions of Article 136 of the Constitution of India, the petitioner seeks leave to appeal against the judgment dated 2nd July 2013 passed by the High Court of Kerala. Writ Petition of the petitioner has been dismissed by the aforesaid judgment.

(2.) The petitioner, which is a Charitable Trust working in the field of education, has established a Dental College which was established few years ago. During the Academic Year 2007-08, course in Bachelor of Dental Surgery (BDS) was started by it with an annual intake of 50 students. This was done after taking due -permission from the Central Government under Section 10-A of the Dentists Act, 1948 on the recommendation of Dental Council of India (DCI). The Government of Kerala has issued requisite Essentiality Certificate. The college run by the petitioner is affiliated with University of Calicut as that University had granted necessary Consent of Affiliation. The Dental College also stands affiliated to the Kerala University of Health Sciences, established by the Kerala University of Health Science Act, 2010.

(3.) In the year 2012, the petitioner wanted to expand the size of BDS, being desirous of increasing the capacity from 50 to 100 seats. Intention was to do so with effect from current Academic Year i.e. 2013-14. The scheme was rejected by the Government vide order dated 31.12.2012 on the ground that it did not fulfil the eligibility criteria for such an increase. Against this order of refusal of the Central Government, the petitioner had approached the High Court of Kerala seeking quashing of the said order and for issuance of Writ of Mandamus commanding the Central Government to forward the application of the petitioner for intake of students, to the DCI for technical scrutiny and further to direct the DCI to make appropriate recommendation to the Central Government for issuance of letter of permission during the Academic Year 2013-14 itself. As pointed out in the beginning of this order, the said Writ Petition has been dismissed by the High Court.