DENTAL COUNCIL OF INDIA Vs. CHAIRMAN, NOORUL ISLAM TRUST & AL-AZHAR DENTAL COLLEGE, PERUMPILLICHIRA, THODUPUZHA, ERNAKULAM DISTRICT

JUDGEMENT

(1.) Heard Sri.Prakash M.P, the learned Standing counsel for the Dental Council of India, who are the appellant before us. Sri.Kurian George Kannanthanam, the learned Senior counsel appears for the writ petitioner.

(2.) The Writ Petition was filed by the Chairman of the Noorul Islam Trust and Al - Azhar Dental College, for quashing of the Government Order dated 30.5.2018 (Ext.P10) and for a direction for renewing the permit to admit, 50 more students for the BDS course in the petitioner's College, for the academic year 2018-2019. The impugned order was passed on the recommendation made by the Dental Council of India (DCI) to the Ministry of Health and Family Welfare (Dental Education Section) not to renew its earlier permission for admitting the 5th batch and not to allow the admission for the BDS course in the College, with the increased intake capacity from 50 to 100 seats for the academic session 2018-2019. The affected parties were heard and this Court's order in the earlier proceeding, i.e. W.P.(C) No.8393/2018 was noted by the competent authority. After due consideration of the fact that the college has failed to submit exemption from the loan recovery proceeding initiated by the bank, it was decided to accept the DCI's recommendation, for non-renewal of the 5th batch in BDS course with increased intake from 50 to 100 seats, for the academic year 2018-2019. It was also decided to uphold the recommendation for stoppage of admission and prohibit the college from admitting any students in the BDS course until the issue of recovery of loan, is finally settled with the bankers by the Dental College.

(3.) The learned Standing counsel for the DCI refers to Section 16A of the Dentists Act, 1948 to show that the withdrawal of recognition of the already recognised dental qualification is permitted by law when, the standard of proficiency prevalent in the college, is found to be not in conformity with the regulations or fall short of the standards. He also refers to the provisions of Section 10A (7) (d) of the Act to project that when an institution wants to increase its admission capacity, the DCI must satisfy itself of the availability of adequate resources of the college, which applies for additional admission.