RAGAS EDUCATIONAL SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the respective learned counsel appearing for the parties. The facts necessary for appreciation of the questions raised in this writ appeal No. 448 of 2001 and the writ petitions are as follows:- On 27. 04. 1995, the State Government issued an essentiality Certificate for M. D. S. (Orthodontics)Course in Ragas Dental College and Hospital and subsequently, on 12. 06. 1995, Tamil Nadu Dr. M. G. R. Medical University granted No objection Certificate for Orthodontics Course. On 23. 04. 1996, Central government granted permission for admission of four students in Orthodontics course. Subsequently, on 09. 09. 1997, the Government of India increased the intake from four to six students. According to the Dental Council of India, such increase had been made by the Government of India without properly consulting the Dental Council of India. Be that as it may, the institution had admitted six students for the year 1997-1998 and six students for the year 1998-1999. The six students for the year 1998-1999 had been admitted by 01. 04. 1998. However, on 22. 07. 1998, the Government of India reduced the intake from six to four. At that stage, the institution gave a representation indicating that since the students had already been admitted, the intake of students should not be reduced. Eventhough no specific permission had been received, on 01. 04. 1999, the institution admitted six students for the academic year 1999-2000 and thereafter, on 18. 5. 1999, made a further representation to the Union Council of India/government of India. At that stage, the institution filed W. P. No. 10655 of 1999 challenging the order dated 22. 07. 1998 under which the Central Government had reduced the intake of students from six to four. Such writ petition was dismissed by a learned single Judge of this Court by order dated 18. 01. 2001. The present writ appeal No. 448 of 2001 is filed against such decision of the learned single Judge. While the matter stood thus, on 28. 01. 2002, Tamil Nadu Dr. M. G. R. Medical University passed orders indicating that excess admission had been made during the years 1998-1999, 1999-2000 and therefore, such excess admission should be adjusted against the admission to be made during the year 2002-2003 and 2003-2004. In the mean time, on 07. 02. 2002, the Government of India granted permission for increasing the intake from four to eight seats with effect from the academic session of 2002-2003. Thereafter, the institution filed W. P. No. 4701 of 2002, challenging the order dated 28. 01. 2002 which had been issued by the University. In such writ petition, an order of interim stay was passed. Thereafter, on the basis of such interim order of stay, the institution admitted eight students for the academic session 2002-2003 and similarly for the academic session 2003-2004, it admitted eight students. Incidentally, it has been pointed out by the respondent that in each year, a batch of four students had been sponsored by the Government towards the government quota. The students who had taken admission during the academic year 2002-2003 completed their course in 2005 and have appeared at the examination and completed their course and the successful candidates have been awarded the appropriate degrees. The students who had taken admission during the year 2003-2004 have completed their three years'course and by virtue of the interim direction of this Court. However, it is apparent that the results of such examination of the year 2006 have not been published may be, because while giving permission the High Court had indicated that the result of the final examination should not be published. Be that as it may, the students have filed w. P. No. 22011 of 2004 and W. P. Nos. 27364 to 27367 of 2005-the writ petitions for permitting the students to complete the formalities and to allow them to complete the course and to obtain degrees, if successful.

(2.) SEPARATE counter affidavits have been filed by the university and the Dental Council of India to the effect that the institution had illegally admitted excess students during the years 1998-1999 and 1999-2000 and therefore, the University had issued the order dated 18. 01. 2001 directing the institution to adjust such excess admission against the students available for the years 2002-2003 and 2003-2004 and since the students had already been admitted in excess, the institution is required to identify the students who had been admitted in excess, so that such of those students are not eligible should discontinue the course.

(3.) AFTER careful consideration of the various submissions made by the learned counsel, we feel that it may not be appropriate to reduce the seats during the future years. The course offered by the institution is m. D. S (Orthodontics) Course and the seats are limited. There cannot be any denying of the fact that for such specialised course, there is always a great demand among the students'community and if the seats in future are reduced inspite of the fact that necessary infrastructure is available, the wider interest of the society would be affected. Taking note of this aspect, we feel that instead of directing reduction of seats for the future two years, the management should not be allowed to reap the benefit and should be directed to pay for the mistakes committed by the management.