Dental Council of India v. KMCT Dental College & Others (W.A. No. 1567 of 2023)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE V.G.ARUN`** ``` WEDNESDAY, THE 10[TH] DAY OF JANUARY 2024 / 20TH POUSHA, 1945 ``` ## **`WA NO. 1567 OF 2023`** ``` AGAINST THE JUDGMENT IN WP(C) 11954/2023 OF HIGH COURT OF ``` ## **`KERALA`** ## **`APPELLANT/RESPONDENT NO.1:`** ``` THE DENTAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, AIWAN-E-GALIB, KOTLA ROAD, NEW DELHI, PIN – 110 011 ``` ``` BY ADV PRAKASH M.P. ``` ## **`RESPONDENTS/PEITITIONER NO.1/RESPONDENTS 2 TO 5:`** - **`1 THE PRINCIPAL K.M.C.T. DENTAL COLLEGE, MANASSERY.P.O. KOZHIKODE, PIN – 673 602`** - **`2 KERALA UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O., TRICHUR, PIN – 680 596`** - **`3 THE COMMISSIONER FOR ENTRANCE EXAMINATION HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANNATHAP0URAM, PIN – 695 001`** ``` 4 UNION OF INDIA REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI, PIN – 110 011 ``` **2** ## **W.A.No.1567 of 2023** ``` 5 KUM. DIYA FATHIMA, 1ST YEAR BDS STUDENT, KMCT DENTAL COLLEGE, MANNASERRY.P.O, KOZHIKODE - PIN – 673 602 ``` ``` BY ADVS. MANU S. DSG OF INDIA Saneer P.M TONY GEORGE KANNANTHANAM(K/696/1989) ``` ``` OTHER PRESENT: ``` ``` SR.ADV. KURIAN GEORGE KANNANTHANAM; CGC SUVIN R. MENON; SR.GP.V.TEKCHAND; ADV. HELEN FOR ADV. P.SREEKUMAR FOR R1 ``` ``` THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.A.No.1567 of 2023** **3** ## **JUDGMENT** Dated this the 10[th] day of January 2024 ## **A.J. Desai, C.J.** The present appeal arises from the judgment dated 22.06.2023 in W.P.(C)No.11954 of 2023, by which the learned single Judge had quashed Exhibit P9 communication dated 17.03.2023 issued by the present appellant i.e., the Dental Council of India (‘DCI’ for short), by which the request made by the original petitioner College to rectify a mistake in uploading the name of a student, who has been admitted to the BDS course, is refused. 2. Short facts that arise from the record are as under: For the academic year 2022-2023, the allotment of seats for 100 students for the BDS course was commenced. As per the details supplied by the Commissioner for Entrance Examinations, the Government of Kerala, in all, 93 students came to be admitted. The College had, by communication dated 28.12.2022, informed the Commissioner for Entrance Examinations that **W.A.No.1567 of 2023** **4** seven candidates, including one Ms Diya Fathima K.V., came to be admitted as meritorious students. But due to oversight and bona fide mistake, in the complete list of the students admitted by the College uploaded on 14.01.2023, the name of Ms. Diya Fathima K.V. was omitted to be included, though she was admitted, and such admission informed to the Commissioner for Entrance Examinations. 3. Coming to know of the said mistake, a request was made by the College to the DCI to rectify the same, by communications dated 17.01.2023 and 22.02.2023. But the request was rejected by the DCI by communication dated 17.03.2023 and the College was directed to discharge Ms. Diya Fathima K.V. immediately, since her name was not uploaded before 14.01.2023. 4. The said decision came to be challenged by the College itself. The present appellant/1[st] respondent filed a statement in the writ petition and produced certain documents. The learned single Judge, after considering the facts and the decision relied on by the learned counsel for the petitioner, allowed the writ petition and quashed Exhibit P9 communication dated **W.A.No.1567 of 2023** **5** ## 17.03.2023. Hence this appeal. 5. The learned counsel for the appellant/DCI would submit that the DCI had circulated a communication dated 27.12.2022 to all the Dental Colleges, specifically informing that all the details with regard to the students admitted to BDS course at their dental institution for the academic session 2022-2023 should be uploaded on or before the last date of joining i.e., 14.01.2023 (12:00 midnight). The College uploaded the names of the students who were admitted. However, the name of Ms. Diya Fathima K.V. was not mentioned in the said list. He would submit that the College, having failed to upload the correct names of students admitted to the course, cannot contend that Ms. Diya Fathima K.V. should be treated to be admitted to the BDS Course. 6. He would further submit that a request was made by the College to the appellant by communication dated 17.01.2023 to rectify the mistake and treat Ms Diya Fathima K.V. as a student admitted for BDS course for the academic session 2022-2023 and the authority has rightly refused to accept the request made **W.A.No.1567 of 2023** **6** by the College. He would further submit that students admitted after the last date of admission cannot be permitted to pursue their studies. In support of the submission, he relied on the decision of the Hon’ble Apex Court in **Priya Gupta v. State of Chhattisgarh and Others** [(2012) 7 SCC 433]. By taking us through paragraphs 46 and 47 of the said judgment, he would submit that the time lines fixed for admission are to be strictly adhered. The College has not followed the schedule fixed for this year and has not uploaded the name of Ms. Diya Fathima K.V. He therefore would submit that the learned single Judge has committed an error in accepting the petition filed by the College. 7. He would further submit that the learned single Judge ought not to have entertained the writ petition filed at the instance of the College and issued a writ of mandamus. In support of his submission, he has relied upon a decision of the Hon’ble Apex Court in **Director of Settlements, A.P. and Others v. M.R. Apparao and Another** [(2002) 4 SCC 638]. He would, therefore, submit that the appeal be allowed and the judgment delivered by the learned single Judge be quashed and **W.A.No.1567 of 2023** **7** set aside. 8. On the other hand, learned counsel appearing for the original petitioner College would submit that the College receives a list of meritorious students from the Commissioner for Entrance Examinations and accordingly, they are admitted to the College. Having received the names of several students, including one Ms Diya Fathima K.V., a meritorious student, they were admitted to the BDS course for the academic year 20222023, and accordingly, the said information was sent to the Commissioner for Entrance Examinations by communication dated 28.12.2022. Ms Diya Fathima K.V. was admitted on 28.12.2022 i.e., much prior to the last date for admission and uploading names of the students i.e., 14.01.2023, fixed by the DCI. He would submit that even the Kerala University of Health Sciences has uploaded the list of the students admitted to the BDS course on 22.02.2023, wherein the name of Ms Diya Fathima K.V. is mentioned at serial No.35. 9. He would submit that having come to know about the mistake committed by the College itself, in not mentioning the ## **W.A.No.1567 of 2023** ## **8** name of Ms Diya Fathima K.V. in the list uploaded on 14.01.2023, a request was made to correct the same. He would submit that it is not the case of the DCI that the said Ms Diya Fathima K.V. was admitted subsequent to 14.01.2023 and it is also not in dispute that after admission, she joined the college and continued her studies to date. 10. He would further submit that the judgment of **Priya Gupta** (supra) would not be applicable to the present case since the College had not admitted any student subsequent to the last date prescribed by the Government of India. He would further submit that the argument of the learned counsel for the appellant about the filing of the petition by the College and issuance of a writ of mandamus may not be accepted, in view of the fact that, having come to know about the mistake committed, the College requested the DCI to correct the same, which has been refused and such refusal is challenged by the College in the writ petition. It is submitted that interference with the impugned judgment would adversely affect a meritorious student who has been admitted way back in **W.A.No.1567 of 2023** **9** December 2022. He, therefore, would submit that the appeal be dismissed. 11. We heard learned counsel appearing for the respective parties. We have also gone through the Exhibits produced along with the writ petition, statement filed before the learned single Judge and relevant documents produced by the appellant/1[st] respondent. 12. It is an undisputed fact that Ms Diya Fathima K.V. is a meritorious student. Her name was sent by the Commissioner for Entrance Examinations. It is not in dispute that Ms Diya Fathima K.V. is entitled to admission to the BDS Course for 2022- 2023. Having received the names from the Commissioner for Entrance Examinations, she was admitted, and accordingly, details about the students were sent to the Commissioner for Entrance Examinations by communication dated 28.12.2022 (Exhibit P4). The said communication makes it clear that she has been admitted at KMCT Dental College on 28.12.2022 i.e., much prior to the last date of 14.01.2023. It is true that when the list was uploaded or sent to DCI, the name of Ms Diya Fathima K.V. **10** ## **W.A.No.1567 of 2023** was not referred to in the said list. It is an apparent bona fide mistake committed by the College, and having come to know about the same, a communication was sent by the College within a couple of days, i.e., on 17.01.2023 itself, to correct the same. Therefore, it is clear that Ms Diya Fathima K.V. was admitted before 14.01.2023, but due to oversight and bona fide mistake by the College, her name was not uploaded to the DCI website on 14.01.2023. 13. In the case of **Priya Gupta** (supra), the Hon’ble Apex Court has directed that the time schedule fixed by the Government of India should be strictly followed by colleges and no student should be admitted subsequent to the last date. In our opinion, the judgment would not be applicable since Ms. Diya Fathima was admitted to the course much prior to the last date fixed. 14. As far as issuance of writ of mandamus is concerned, when the college that committed the mistake has come forward in support of a meritorious student, requesting the DCI to correct the same and if such a genuine request is not accepted, it will affect the career of a meritorious student who has been **11** ## **W.A.No.1567 of 2023** validly admitted and that too in time by the College. Hence, we are in conformity with the reasons assigned by the learned single Judge. The writ appeal is, accordingly, dismissed. Pending interlocutory applications, if any, shall stand closed. Sd/- **A.J. Desai Chief Justice** Sd/- **V.G. Arun Judge** **vpv**