RIFA-HUL-MUSLIMEEN EDUCATIONAL TRUST Vs. GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE (DENTAL EDUCATION SECTION)

JUDGEMENT

(1.) Petitioner No.2-Farooquia Dental College and Hospital is constituted under the 1st petitioner-Rifa-Hul- Muslimeen Educational Trust. The 1st petitioner-Trust is registered by the Philanthropist and Educationist belonging to Muslim Minority, and it was being run on nonprofit basis by the Trustees and it was established for the purpose of providing Dental Education to the Muslim Minority. The 2nd petitioner-College is one such institution established by the 1st petitioner with an intention to impart Dental Education to the Muslim minority.

(2.) These petitions are filed seeking an order/direction or a writ in the nature of Certiorari quashing the orders at Annexures-A & A1 passed by the Respondent-Authorities and to direct them to permit the 2nd petitioner-college to make admission to BDS and MDS Courses for the Academic Year 2019-20 by withdrawing their orders at Annexures- A & A1.

(3.) It is case of the petitioner that, petitioner No.2 is a Dental College and Hospital established 25 years ago and since 25 years, the 1st Petitioner-Trust is running the said institution without any hurdles. It is also case of the petitioner that, it has made an application for grant of recognition by the Dental Council of India (for short, 'DCI') with intake capacity of 40 seats and being satisfied with fulfillment of all the conditions as per the norms of the DCI, it was pleased to grant recognition to the petitioner with an intake capacity of 40. The petitioner was also granted permission to start MDS Course in seven specialities. That being the situation, the petitioner filed an application to the 4th respondent-Rajiv Gandhi University to continue the affiliation for admission to MDS and BDS courses for the Academic Year 2019-20. Thereafter, the Inspection Team of DCI came to the college on the day of Bharath Bandh and after inspection, the Inspection Authority submitted a report to the DCI and in turn the DCI wrote a letter to Government of India on 31.01.2019 alleging various basic deficiencies in the college and recommended for withdrawal of recognition for both MDS and BDS Courses. On the basis of said Inspection Report, the Government of India issued a notice to the petitioner calling it for personal hearing. Much before hearing, the petitioner has also submitted an elaborate letter denying contents of the said notice stating that the petitioner- College has all the infrastructure required and also stating that inspection carried out on the holiday due to Bharath Bandh and requesting to continue the recognition also for the Academic Year 2019-20. Without considering report of the petitioner, the Government of India sought for comments from the Government of Karnataka for initiating the process of withdrawal of recognition based on the report of the DCI. In the meanwhile, the 1st respondent- Government of India has also restricted the petitioner not to make any admission for BDS and MDS Courses for the Academic Year 2019-20. The petitioner also gave a detailed representation to the President of DCI stating that the inspection was made on the date of closure of the college due to Bharath Bandh, when all the staff are not present and requesting to continue the recognition. The petitioner has also made a representation to the Government of India to that effect, in the light of the recommendation made by the DCI in its letter dated 11.04.2019 and also to the other Respondent-Competent Authorities. It is grievance of the petitioner that, in spite of all its efforts, the 1st respondent-Government of India has not passed any order granting permission to the petitioner-College to make Admission for the Academic Year 2019-20. Being aggrieved by the same, the petitioners are before this Court.