LAWS(MAD)-2010-9-392

ASAN MEMORIAL ASSOCIATION Vs. GOVERNMENT OF INDIA

Decided On September 14, 2010
ASAN MEMORIAL ASSOCIATION (REGD.) REPRESENTED BY ITS GENERAL SECRETARY, CHENNAI Appellant
V/S
GOVERNMENT OF INDIA REP. BY ITS SECRETARY Respondents

JUDGEMENT

(1.) THIS writ petition is filed to call for the records comprised in Proc.F.No.V 12017/5/2010-DE on the file of the first respondent dated 15.07.2010 and to quash the same and consequently direct the respondents to grant permission for starting of the new Dental College by the Petitioner under the name and style of 'Asan Memorial Dental College and Hospital' at Keerapakkam, Kancheepuram District.

(2.) THE petitioner society has already established and are administering several educational institutions. THE petitioner applied to the respondents to set up a Dental College. Petitioner submitted an application dated 17.09.2007 as per the Dental Council of India Regulations 2006 framed in terms of Section 10A r/w 20 of the Dentist Act 1948. THE competent authority to inspect and recommend the case is the Dental Council of India. THE approval has to be given by the Ministry of Health and Family Welfare (Dental Education Section), New Delhi based on the recommendation of the Dental Council of India. THE petitioner has been pursuing his application for quite some time.

(3.) THE short question that arises for consideration is whether the first respondent while rejecting the scheme, has taken into consideration the full compliance report submitted by the petitioner and whether the rejection of the scheme is justified in the facts of the present case.