MEDICAL DIRECTOR Vs. KERALA UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) The writ petition is filed by the Medical Director of Kannur Dental College challenging Ext.P7 show cause notice and Ext.P9 by which the college was denied affiliation for conducting Postgraduate and Undergraduate courses during the academic year 2020-2021.

(2.) It is inter alia contended that Dental Council of India had granted permission to the petitioner college to conduct Undergraduate Course (BDS) from 2006 and Postgraduate Course (MDS) was sanctioned in the year 2013. Ext.P1 had been produced to prove that the Government of India, Ministry of Health and Family Welfare (Dental Education Section) had permitted the college to conduct the MDS course in different disciplines in exercise of power under sub-section (2) of section 10 of Dentists Act, 1948. By Ext.P1(a) dated 5/3/2018, yet another discipline of Postgraduate course was also sanctioned. The 1st respondent Kerala University of Health Sciences (hereinafter referred to as the 'University') used to grant affiliation each year after conducting inspection through Inspectors of their choice though no such procedure was being followed by any other universities. For getting continued affiliation for the academic year 2020-21, petitioner college submitted application based on which an inspection was conducted by the University on 5/12/2019. According to the petitioner, there were no adverse remarks during the said inspection. However, by Ext.P2 communication dated 21/1/2020, petitioner was asked to submit the appointment letters and joining report of Lecturers/Senior Lecturers and to provide adequate lift facility, for which Ext.P3 reply was given by the college. It is further submitted that the workers engaged by the contractors/service providers started a strike in front of the college campus from 11/2/2020 and there was destruction of the college bus. They also did not allow anyone to enter the college. The Doctors were threatened and there was destruction of property. The strike continued until national lock down was declared on account of covid pandemic on 24/3/2020. On 5/3/2020, a surprise inspection was conducted by the University through its Inspectors. On that day, the college was celebrating World Conservative Dentistry and Endodontics day. Since the programme could not be arranged in the college auditorium as scheduled, venue was shifted to another place, a little far away. At the time of inspection, they have taken note of the attendance of members of faculty, who had come on that day. However, some of the faculty members and the post graduate students were attending the seminar. Later when some of the faculty members had come to report to the Inspectors, they were not allowed entry by the striking workers. Petitioner college had come to know that Kannur Dental College was not included in the schedule of admission in the name of colleges for which allotments were being made. On enquiry, the University was issued with a show cause notice dated 15/4/2020 inter alia pointing out certain deficiencies (Ext.P7). The college by Ext.P8 dated 16/4/2020 issued clarification regarding the various deficiencies. However, the University by Ext.P9 dated 29/4/2020 observed that though the matter was placed before the Governing Council, it has been decided to reject the application for continuation of provisional affiliation for all the Postgraduate and Undergraduate courses in Kannur Dental College for the year 2020-2021, based on the recommendation of the Scrutiny Committee. The college had sent a further letter to the Vice Chancellor as Ext.P10 for intervention and allotment of MDS/BDS for the academic year 2020-21. Since no action was taken in the matter, this writ petition is filed inter alia seeking the aforesaid reliefs.

(3.) Learned counsel for the University had filed a statement inter alia stating that after the first inspection, the Scrutiny Committee which verified the report made certain observations, which reads as under:-