NOORUL ISLAM EDUCATIONAL TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks for a direction to the first respondent Central Government to reconsider Ext.P13 which is a reply given to the petitioner's request for starting M.D.S. Course in certain Specialities. The direction in Ext.P13 is that the petitioner is free to apply afresh in the next academic year, i.e. 2014-2015.

(2.) MAINLY it is pointed out in Ext.P13 that the proposal cannot be considered for the academic session 2013-2014, as 31st July was the last date for forwarding complete application of MDS course for the academic session 2013-14. It is contended that Note (2) to the schedule contained in Ext.P1 confers power on the Central Government in appropriate cases to modify the time schedule and there are ample reasons for the same as far as the petitioner's case is concerned.

(3.) THE petitioner submitted an application for starting MDS programme in four Specialities on 29.5.2012 and provisional affiliation was sought with the Kerala University of Health Sciences. The application for No Objection Certificate was submitted before the Government of Kerala, who have granted the same as per G.O.(Rt) No.2096/20120/H&FWD dated 28.6.2012 and G.O.(Rt) No.2545/2012/H&FWD dated 31.7.2012. The Specialities are: (i) Conservative Dentistry, (ii) Orthodontics, (iii) Oral & Maxillofacial Surgery and (iv) Prosthodontics. This was granted for the academic year 2013-2014. While the matter regarding grant of provisional affiliation was pending before the Kerala University of Health Sciences, the second respondent amended the Regulations 2006 and Exts.P3 and P4 contain the details of the amendment. As a result of the amendment, the petitioner's Dental College should be attached to a Government/Private Medical College approved/recognised by the Medical Council of India which is located at the distance of 10 kms. by road. Therefore, the petitioner, by Ext.P5 representation dated 27.6.2012 opted for the Speciality Orthodontics, instead of Oral & Maxillofacial Surgery. The University granted affiliation by Ext.P6 dated 9.7.2012 in the Specialities of: (i) Oral & Maxillofacial Surgery, (ii) Prosthodontics and Crown & Bridge and (iii) Conservative Dentistry and Endodontics. Simultaneously, the petitioner submitted an application before the first respondent on 29.6.2012, viz. Ext.P7 along with a Demand Draft for Rs.9 lakhs. The petitioner received a reply, Ext.P8 dated 17.7.2012 informing that "on initial scrutiny of Ext.P7 application, it has been observed that the consent of University affiliation is not furnished." Thereafter, the petitioner approached the University and the University conducted an inspection on 3.8.2012. While the matter was pending before the University, by Ext.P9 the first respondent informed the petitioner that as the Consent of Affiliation from the concerned University valid for the academic session 2013-14 is not received in the Ministry by 31.7.2012, the application along with the Demand Draft are returned, informing that the petitioner is free to apply afresh in the next academic year, i.e.2014-15.