NEHRU SMARAKA VIDYA KENDRA S SREE VENKATESWARA DENTAL COLLEGE AND HOSPITAL UTTARAHALLI Vs. SUNEETHA R

JUDGEMENT

(1.) BEING aggrieved with the following directions issued by the single Judge, Sree Venkateswara Dental College and Hospital, Uttarahalli, Bangalore, appellant No. 1, being administered by the Nehru Smaraka Vidya Kendra Trust-Appellant No. 2 (hereinafter referred to as appellants) have filed these appeals :

(2.) FACTS : Respondent writ petitioners (hereinafter referred to as 'the respondents') were admitted to the appellant college either under general merit category or from the Non-Karnataka payment merit category after taking the Common Entrance Test Respondents completed the first year BDS Course and are entering the second year BDS course. The examinations are conducted by the Rajiv Gandhi University of Health Sciences, Jayanagar, (hereinafter referred to as the '3rd respondent' ). Respondents filed the writ petition inter alia stating that at the time of admission it was represented to them by the C. E. T. that the college had been approved by the Government of Karnataka and affiliated with the University and also that the college had necessary infrastructural facility and was eligible to take students for BDS Course successfully and their degree would be approved and recognised. On the bona fide belief and representation made by the State Government and the C. E. T. respondents got themselves admitted to the appellant college for the academic year 1999-2000.

(3.) THAT the appellant college had applied for recognition from the Dental Council of India. Initially the college was given recognition for the academic year 1999-2000. But later on the recognition was cancelled as the appellant did not have the necessary infrastructural as well as proper facility such as teaching staff, laboratory facilities, clinical facilities and proper class rooms. Earlier W. P. Nos. 160-167/1999, 136/2000, 23494/2000 and 19765/2000 were filed against appellant institution which were accepted and direction was issued to the appellants to transfer or admit the writ petitioners in those cases to any other recognised Dental College in Bangalore, so as to enable them to complete their BDS Course. Relying upon the Judgment in the said writ petitions a direction was sought in the present writ petitions as well directing the appellants and the University to transfer or admit from the appellant college to any other recognised Dental Colleges in Bangalore to enable them to complete their course. Learned single Judge relying upon the judgment rendered in the earlier writ petitions and taking note of the fact that writ appeals filed against the said orders were dismissed by the Division Bench accepted the writ petitions and issued the directions reproduced above which have been assailed in the present appeals.