GOVERNMENT OF TAMILNADU Vs. G B TRUST

JUDGEMENT

(1.) AGGRIEVED by the direction issued by the learned Single judge in the writ petition, the present writ appeal has been filed by the secretary, Health and Family Welfare Department and Director of Medical education, Tamil Nadu. The only challenge in the writ appeal is that the learned Single Judge ought not to have directed the appellants to issue essentiality certificate and even if this court is satisfied with the case of the respondent-Trust, it ought to have directed the appellants only to consider the application for essentiality certificate, as ultimately it is the State government vested with the power to consider and dispose of the application.

(2.) THE few facts that are relevant for the disposal of the writ appeal, are as follows:- THE respondent-Trust applied to the State Government for the issue of essentiality certificate to start a Dental College and to offer B. D. S. Degree course in Viradanur Village in Madurai South taluk in Madurai District on 22. 12. 1998. As the said application was not disposed of, the Trust again sent a reminder on 07. 1. 1999 and in spite of the said reminder, the application was not disposed of. Hence the Trust was constrained to approach this court by filing W. P. No. 475 of 1999 seeking direction to dispose of the said application. By order dated 29. 1. 1999, this court had directed the Government to dispose of the application and pass an order within a period of two months from the date of receipt of a copy of that order. As the said order was not again complied with, the Trust once again approached this court by way of another W. P. No. 8384 of 2001 seeking for a direction to the state Government to dispose of the said application. However, this court had dismissed the writ petition on the ground that the Trust had already obtained an order for the disposal of the application and successive directions are impermissible as the order is passed by this court, should be complied with by the State Government. In the event the State Government are of the opinion that the application cannot be considered for certain reasons, it is always open to the State Government to question such orders by way of filing application for review, modification or clarification or Writ Appeal. Keeping the above in mind, the writ petition was dismissed giving liberty to the Trust to take out appropriate application for non compliance of the order. In view of the said observation, the Trust has filed Contempt Application No. 565 of 2001 alleging non compliance of the order of this court made in W. P. No. 475 of 1999 dated 29. 1. 1999. While contempt application was pending, the State Government passed an order dated 27. 11. 2001 rejecting the application and in view of the disposal of the application, the contempt petition was closed.

(3.) EVEN on facts, the application was rejected on 27. 11. 2001 only for non compliance of five conditions. For better appreciation of the reasons for rejection, we propose to extract the said order and the same is as under:- " (1) Location:- The Trust has proposed to establish the Dental College at Nedungulam Municipal Zone, Madurai. It is an urban area. As per the guidelines the proposed location should be in a backward/rural area of the State. (2) Land with constructed area:- As per the Dental council of India norms the Trust should possess 5 acres of land with 16,000sq. ft. built up area for 40 admissions. As per the Inspection Report the trust possess only 8000sq. ft. constructed area. (3) Hospital and Tie-up facilities:- As per the Dental council of India norms, the college shall be located in the proximity of a medical College. Where there is no Medical College the Trust should have tie up with a General Hospital with atleast 100 beds within 10k. m. radius of the proposed college. The Trust is running 150 bedded hospital. The site of the proposed college is 5 k. m. away from the said hospital and no Tie up Hospital arrangement has been sent. (4) Bank guarantee:- As per Dental Council of India norms the Trust has not produced Bank Guarantee for Rs. 75. 00 lakhs for 40 admission. (5) Infrastructure facilities:- As per the Dental Council of India Norms, the applicant should produce evidence for having owned teaching pre clinical, para clinical and Medical Sciences infrastructure facilities. The trust has not produce any evidence for this. Only 50% of staff were present at the time of inspection. Break up details of staff are not furnished. The details of other infrastructure facilities have not been furnished. "