Punjab and Haryana HC sets aside Centre’s order, allows Punjab dental college to admit students

Justice Mittal added, “It is well known that government departments pass orders without application of mind. Certain departments take the cake. The Dental Education Section of the Ministry of Health & Family Welfare, GoI appears to be one of them.”

Gian Sagar Dental College and Hospital was started in 2017 with six specialties through Bachelor of Dental Science Course (BDS Course) and Master of Dental Science Course (MDS Course) but was closed in 2017.

Change of management took place in 2018 and a Medical College & Hospital for imparting education in MBBS Course was set up. It admitted the first batch of students in November, 2020 for the academic session 2020-21. Prior to that, on an application filed by the petitioner, the Punjab government issued Essentiality Certificate/No Objection
Certificate (NOC) dated July 4, 2019 for starting BDS Course with intake of 100 students. Baba Farid University of Health Sciences granted affiliation, whereafter, application dated September 29/30, 2020, was filed under Section 10 (A) of the Dentists Act, 1948 for permission of the central government to set up a new dental college vide order dated August 19, 2021.

The application was rejected by the Centre, necessitating filing of a writ petition in 2021 by Gian Sagar Educational and Charitable Trust. HC had then passed an order dated October 7, 2021 quashing order dated August 19, 2021 refusing permission to the petitioner for setting up a new dental college. Thereafter, Centre granted permission vide communication dated January 31, 2022 after granting an opportunity of personal hearing.

The permission was for the academic session 2020-21. As per schedule, such a letter of permission should have been issued not later than May 31, yet, permission was granted on January 31, 2022, without raising any objection regarding violation of the time schedule.

According to the HC, raising of an objection was not thought to be proper as counselling for the academic session 2020-21 had been delayed on account of the pandemic and was to be held in April 2022.

The HC observed that the same logic should have prevailed while considering the application for first renewal because
the same could have been filed only after grant of permission to establish a new college. The permission having been granted only on January 31, 2022, the application could not have been filed before February 3, 2022 as provisional affiliation was granted only on February 2, 2022. Assuming, that the application was received in the Dental Council of India on March 15, 2022, inspection could not have been done before May 23-24, 2022.

The HC held that the Centre should have invoked the discretion vested in it when a precedent had been brought to its notice by Dental Council of India. Failure to do so reveals non-application of mind rendering the impugned order dated May 31 arbitrary, observed the HC.