TADIKELA SUBBAIAH TRUST Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) PETITIONER Trust has sought for quashing the order / communication ­ annexure E dated 30.1.2013 of the 1st respondent to the extent it seeks to return the petitioner's application for starting BDS course without forwarding it to the 2nd respondent for technical scrutiny, for the academic year 2013-14 and for a mandamus directing the 1 st respondent to forward the petitioner's application for commencing BDS course by establishing a new dental college, for technical scrutiny, etc.

(2.) IT is stated, petitioner institution is established way back in the year 2003 and is also running a medical college in the name and style Subbaiah Institute of Medical Sciences commencing the course of study from the academic year 2012-13 and has also established a Hospital for Dental Surgery in Shimoga. With this background, petitioner having necessary infra structure including teaching faculty, has approached the Dental Council of India as per Dental Council Act for establishment of a Dental College. The application is said to be filed with requisite essentiality certificate and feasibility certificate from the Government of Karnataka, well within time, with the requisite fee. For processing, the application was sent on 29.9.2012 and time prescribed to scrutinize the same was during August-September of any year. But the 1 st respondent having scrutinized, communicated the order at annexure B dated 19.12.2012 which was dispatched on 24.12.2013 and it was received by the petitioner on 27.12.2012.

(3.) AFTER hearing the counsel representing both the parties and on looking into the judgment relied upon by the petitioners' counsel, this Court is of the view a direction needs to be issued to the 1st respondent to consider the application of the petitioner well before, as per the schedule, and to recommend to the 2nd respondent / Dental Council for further action in the matter.