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High Court of KeralaDivision BenchW.P.(C).5189/2019 is dismissed as withdrawn; W....

W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720/2022 & 4064/2022; The Chairman S.R. Educational and Charitable Trust, Akathumuri, Varkala v Union of India and Others

Case / Petition Number:W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: & 4064/22

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.K. Jayasankaran Nambiar
  • Mohammed Nias CP
Judgment Date
2022-04-01
Court Decision / Holding
The court held that regulatory actions must proceed under Section 16-A with proper inspection where needed, and directed completion of the proceedings expeditiously. It declined to permit admission for the 2021-22 year pending resolution and disposed WP( C) 5189/2019 as withdrawn; the other petitions were disposed with directions to finalize the Section 16-A process for withdrawal of recognition if warranted. The court emphasized deference to regulatory authorities and the necessity of complying with statutory procedures before any withdrawal or admission decisions.
Final Disposition
W.P.(C).5189/2019 is dismissed as withdrawn; W.P.(C).Nos.12260/20, 2583/2022, 2720/2022 and 4064/2022 disposed with directions to complete Section 16-A proceedings; admissions for 2021-22 not allowed pending outcome; the fate of admissions will depend on the final regulatory decision.

Parties to the Case

Appellants / Petitioners

  • The Chairman S.R. Educational and Charitable Trust, Akathumuri, Varkala
  • BALU CHANDRAN
  • AASHISH ANAND
  • ANEHU SANTHOSH
  • ANOOP C
  • ANIJA SREEKUMAR
  • AMALA GANESH
  • AMAL GANESH
  • KEERTHI B.R
  • SREELEKSHMI S
  • SAFANA SADIQ
  • SHERIN S. CHETTIYATH
  • NEENA S.A
  • AMEER S
  • SHAHANAS A
  • ASHISH ANZ
  • SHARON P YOHANNAN
  • MARY CELINE GEORGE
  • JABINA ANN JACOB
  • AMMU A.V
  • SONA J PARVATHY
  • SHEEJA T.R
  • AMINA SAHEED
  • AISWARYA NANDAN P
  • ARYA PRADEEP
  • NEERAJA M
  • RAHUL N.V
  • PRIYANKA
  • UTHARA M.S
  • KAVYA M
  • SREELEKHA B.S
  • ARAVIND KRISHNA
  • AMEESHA

Respondents

  • Union of India
  • Dental Council of India
  • Commissioner for Entrance Examinations
  • State of Kerala
  • Kerala University of Health Sciences
  • SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA
  • ADDL.R6 Director of Medical Education (ADDL.R6 suo motu impleaded as per order dated 11.4.2019 in WP(C))

Legal Representation & Advocates

Counsels for Petitioners

  • • KURIAN GEORGE KANNANTHANAM (SR.)
  • • P.M.SANEER
  • • TONY GEORGE KANNANTHANAM

Counsels for Respondents

  • • P.SREEKUMAR, SC, KUHS
  • • PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA
  • • P.G.PRAMOD, GOVT PLEADER
  • • S.MANU, ASSISTANT SOLICITOR GENERAL OF INDIA
  • • ADDL.R6 SUO MOTU IMPLEADED COUNSEL

Case Synopsis & Summary

The Kerala High Court heard a cluster of writ petitions challenging Central Government and Dental Council of India actions affecting SR Sankara Dental College, Akathumuri. The core dispute concerns the continuation of BDS/MDS courses and the validity of orders directing stoppage of admissions for the academic years 2019-20 to 2021-22, and the overall withdrawal of recognition under the Dentists Act, 1948. The petitioners argued that the College, established in 2006, had secured central permission, state affiliation, and KUHS recognition; that the Central Government’s 2020 order under Regulation 11A of the 2006 Regulations to stop admissions was issued without completing the due procedure under Section 16-A of the Dentists Act; and that the petitioners had cured earlier deficiencies and should be allowed to admit students, at least temporarily, while the regulatory process proceeded. The respondents contended that inspections by the DCI revealed persistent deficiencies, justifying discontinuation of admissions and withdrawal of recognition to protect students’ interests under regulatory oversight. The court directed the regulatory authorities to complete proceedings under Section 16-A, after fresh inspections if necessary, and held that admissions for 2021-22 should not be allowed pending resolution. It disposed some petitions as withdrawn and others with positive directions to complete the regulatory process expeditiously, emphasizing deference to regulatory bodies and the safety of medical education standards.

Provisions of Law Cited

Dentists Act, 1948Section 10-A of the Dentists ActSection 16-A of the Dentists ActRegulation 11A of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006DCI Regulations 9th Amendment Regulations, 2017BDS Regulations, 2007First Statutes of KUHS

Legal Doctrines & Maxims

  • Surprise inspection – purpose is to verify rectification of deficiencies and cannot be substituted by pre-notified investigations (Manohar Lal Sharma v. M.C.I. and Others, 2013 KHC 4719)
  • Judicial deference to regulatory/academic authorities; regulatory findings should not be lightly interfered with (Medical Council of India v. Chairman, SR Educational and Charitable Trust and Another, 2018 KHC 6864)
  • Essentiality Certificate/non-ministerial nature of regulatory duties; state/regulatory actions must be supported by compliance with the statutory framework (V. N. Public Health and Educational Trust v. State of Kerala, 2021 KHC 6105)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that under the Dentists Act, 1948, the establishment of a Dental College requires Central Government permission, and that the College’s recognition and annual permission renewals have been followed. They contended that the 28.2.2020 order under Regulation 11A to stop admissions to the MDS course is impermissible since Section 16-A proceedings to withdraw recognition had not been concluded, and that extraordinary inspections claimed to have cured defects cannot substitute the statutory process. They urged the Court to allow continued admissions pending the regulatory process and to stay partial measures only if compliance is verified by regulators. They emphasised that essential educational infrastructure exists and pointed to the need for due process before withdrawal of recognition.

Contentions of Respondents

The respondents argued that two inspections (3.7.2019 and 30.1.2020) indicated deficiencies in infrastructure and educational facilities, justifying stoppage of admissions and withdrawal of recognition per the Dentists Act and 2006 Regulations (Regulation 11A) together with Regulation 11A procedures to safeguard students. They asserted that the 16-A procedure must run its course and that interim measures were necessary to protect public interest and student welfare. They highlighted that regulatory bodies (DCI, KUHS) cannot be undermined and that the State’s Essentiality Certificate and COA decisions require due process and are not ministerial acts.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Medical Council of India v. The Chairman, S.R. Educational and Charitable Trust and Another2018 KHC 6864PositiveCited to support deference to regulatory findings and to the non-interference with regulator's reports; used to justify not interfering lightly with expert recommendations.
Manohar Lal Sharma v. M.C.I. and Others2013 KHC 4719PositiveCited for the proposition that surprise inspections serve to verify compliance and cannot be substituted by prior-notice inspections; underscores need for proper statutory inspection under regulation.
V. N. Public Health and Educational Trust v. State of Kerala and Others2021 KHC 6105PositiveCited to illustrate that Essentiality Certificates and approvals by CoA are not ministerial acts and require ongoing regulatory oversight, compliance, and possible corrective action.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 1[ST] DAY OF APRIL 2022/11TH CHAITHRA, 1944** **W.P(C).NO.12260 OF 2020** ## **PETITIONER:** **THE CHAIRMAN S.R.EDUCATIONAL AND CHARITABLE TRUST, AKATHUMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 141.** **BY ADV.SRI.KURIAN GEORGE KANNANTHANAM (SR.) BY ADV.SRI.P.M.SANEER BY ADV.SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** **1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, (DENTAL EDUCATION SECTION), NIRMAN BHAVAN, NEW DELHI-110011.** - **2 DENTAL COUNCIL OF INDIA REPRESENTED BY ITS SECRETARY, KIFLA ROAD, NEW DELHI-110 002.** - **3 THE COMMISSIONER OF ENTRANCE EXAMINATION THIRUVANANTHAPURAM-695 001.** **BY SRI.S.MANU, ASSISTANT SOLICITOR GENERAL OF INDIA BY ADV.SRI.M.P.PRAKASH, SC, DENTAL COUNCIL OF INDIA BY SRI.P.G.PRAMOD, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022 ALONG WITH W.P(C).NOS.5189/2019 AND CONNECTED CASES, THE COURT ON 01.04.2022 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 2 :: & 4064/22** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 1[ST] DAY OF APRIL 2022/11TH CHAITHRA, 1944 W.P(C).NO.5189 OF 2019** ## **PETITIONERS:** - **1 BALU CHANDRAN, AGED 23 YEARS** - **2 AASHISH ANAND, AGED 23 YEARS** - **S/O.YAMUNAMANY K.B, VAZHIYAPARAMBIL HOUSE, VALIYAKUNNU P.O, MALAPPURAM, PIN 676 552, 2014TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **S/O. PREMANAND P.K, PULIPARAMBIL HOUSE, MEDICAL COLLEGE P.O, THRISSUR, PIN 680 596, 2014TH BATCH, B.D.S COURSE, SRI. SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **3 ANEHU SANTHOSH, AGED 23 YEARS D/O. SANTHOSH P, AIYAPPANIVAS, EREZHA NORTH, CHETTIKULANGARA P.O, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN 690 106. 2014TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **4 ANOOP C, AGED 24 YEARS** **S/O. CHANDRABABU V, AZHIYAKATHU HOUSE, SANATHANAPURAM P.O, KALARCODE, ALAPPUZHA, PIN 688 003. 2014TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **5 ANIJA SREEKUMAR,** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 3 :: & 4064/22** ## **AGED 24 YEARS** **D/O. SREEKUMAR, THOTTAM, KARICHIYAL, ATTINGAL P.O, THIRUVANANTHAPURAM 695 101, 2014TH B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **6 AMALA GANESH, AGED 22 YEARS** - **D/O. GANESH M PILLAI M.B, NEERETTIL, BHARATHANNOOR P.O, THIRUVANANTHAPURAM DISTRICT, PIN 695 609, 2015TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **7 AMAL GANESH, AGED 24 YEARS** - **S/O.GANESH M PILLAI M.B, NEERETTIL, BHARATHANNOOR P.O, THIRUVANANTHAPURAM DISTRICT, PIN 695 609, 2015TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **8 KEERTHI B.R, AGED 23 YEARS** - **D/O.RAJKUMAR, KUMAR BHAVAN, KARAKKA MANDAPAM, NEMOM P.O, THIRUVANANTHAPURAM, PIN 695 020, 2015TH BATCH, B.D.S COURSE, SRI. SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **9 SREELEKSHMI S, AGED 23 YEARS** **D/O.SREEKUMAR B, CHELAKATTU MADAM, ANANDAVALLESWARAM, KOLLAM 691 013, 2015TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **10 SAFANA SADIQ, AGED 22 YEARS D/O.MUHAMMED SADIK ALI, DARUL SULAMA, KUNNUMMA P.O, THAKAZHY, ALAPPUZHA DISTRICT, PIN 688 562. 2015TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **11 SHERIN S. CHETTIYATH,** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 4 :: & 4064/22** ## **AGED 22 YEARS** **D/O.SANTHOSH C.J, CHETTIYATH HOUSE, KAIPUZHA P.O, KOTTAYAM DISTRICT, PIN 686 602, 2015TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **12 NEENA S.A,** ## **AGED 22 YEARS** **D/O.SHAJI C.S, SHAJI NIVAS, KANJAVELI P.O, KOLLAM DISTRICT, PIN 691 602, 2015TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **13 AMEER S,** ## **AGED 23 YEARS** **S/O.SALIM M.A, A.B.S HOUSE, OONNANPARA, CHERUVALAM, K.T KUNNU P.O, PIN 695 608, 2016TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **14** ## **SHAHANAS A, AGED 21 YEARS** **S/O.ABDUL SATHAR KUNJU, BISMILLA HOUSE, ELIPAKULAM P.O, , PALLICKAL, ALAPPUZHA, PIN 691 551, 2016TH BATCH, B.D.S COURSE, SRI. SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **15 ASHISH ANZ, AGED 21 YEARS** **S/O.ANZ A KHADAR, ASHLY MANZIL, THAMARAKKULAM P.O, ALAPPUZHA DISTRICT, PIN 690 530, 2016TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **16 SHARON P YOHANNAN, AGED 21 YEARS** **D/O.YOHANNAN P.A, PAMBULY KARIMALAKKAL HOUSE, CHENGALOOR P.O, THRISSUR DISTRICT, PIN 680 312. 2016TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** ## **17 MARY CELINE GEORGE, AGED 21 YEARS** **D/O.GEORGE VARGHESE, PULIMOOTTIL HOUSE, EAST OF HPO, ALAPPUZHA DISTRICT 688 001, 2016TH BATCH, B.D.S COURSE,** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 5 :: & 4064/22** **SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **18 JABINA ANN JACOB, D/O.JACOB MATHEW, VAZHAVILAYIL HOUSE, PARAKODE P.O, ADOOR 691 554, 2016TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318.** - **19 AMMU A.V,** - **D/O.AJITHAKUMAR N, AJITHAMANDIRAM, PULIYOORKANAM P.O, MADAVOOR, THIRUVANANTHAPURAM 695 573 2016TH BATCH B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN695 318.** - **20 SONA J PARVATHY, D/O.K.R JAYAKUMAR, SATHYAMAHAL, PALACHIRA P.O, VARKALA, THIRUVANANTHAPURAM 695 142, 2016TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** - **21 SHEEJA T.R, D/O. RAJAGOPALAN, THAZHATHETHIL HOUSE, ARANGOTTUKARA P.O, ARANGOTTUKARA, THRISSUR 680 593, 2016TH BATCH B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** **22 AMINA SAHEED, D/O. ABDUL SAHEED, PANAYIL VEEDU, AKKAL P.O, KARINGANNUR, KOLLAM DISTRICT 691 516, 2016TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** ## **23 AISWARYA NANDAN P, AGED 20 YEARS** - **D/O.NANDAKUMAR T.V, SREEPADAM, SANKARAPURAM, KUNNAMKULAM THRISSUR-680 503, 2017TH BATCH B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** ## **24 ARYA PRADEEP, AGED 20 YEARS** - **D/O.P.R PRADEEP, PANANGAYIL HOUSE, KAVILKADAVU,** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 6 :: & 4064/22** **KODUNGALLUR, THRISSUR, PIN 680 664 2017TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** ## **25 NEERAJA M, AGED 20 YEARS** **D/O.C.N MURALEEDHARAN NAIR, KARIKODATH HOUSE, VAYALAR P.O, CHERTHALA, ALAPPUZHA 688 536 2017TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** **26 RAHUL N.V, AGED 18 YEARS** **S/O.VENU N.M, NEDUMITTATH HOUSE, AYYAMPILLY MANAPPILLY P.O, ERNAKULAM 686 677 2017TH BATCH B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** ## **27 PRIYANKA, AGED 21 YEARS** **D/O.PRAKASH, CHIRAYIL HOUSE, PATHIYOOR EAST P.O, KAYAMKULAM 690 508 2017TH BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 318.** ## **28 UTHARA M.S, AGED 19 YEARS** **D/O.MADHUPALAN B, THENGUMTHARAYIL, KATTACHIRA, PALLICHAL P.O, KAYAMKULAM, ALAPPUZHA 690 503.** **2018-19 NATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN695 318.** ## **29 KAVYA M, AGED 20 YEARS** **D/O. MANIKANDAN S, SIVADAM, S.V PURAM P.O, VARKALA, THIRUVANANTHAPURAM 695 141** **2018-19 BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN695 318.** ## **30 SREELEKHA B.S, AGED 19 YEARS** **D/O.R. SOMAN, SRELEKSHMI, THALACHIRA P.O, KOTTARAKKARA, KOLLAM 691 538** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 7 :: & 4064/22** **2018-19 BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN695 318.** - **31 ARAVIND KRISHNA, AGED 19 YEARS S/O.KRISHNANKUMAR B KATTAKKALIYIL SAKTHIKULANGARA P.O, KOLLAM 691 581 2018-19 BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN695 318.** **32 AMEESHA, AGED 18 YEARS D/O.SURESHAN T.V, KOTTAKUNNIL HOUSE, PADINHARTHERU UDUMA P.O, KASARAGOD 671 319 2018-19' BATCH, B.D.S COURSE, SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN695 318.** **BY ADV.SRI.C.S.MANU BY ADV.SRI.K.JAYAKUMAR (SR.) BY ADV.SRI.S.K.PREMRAJ** ## **RESPONDENTS:** - **1 SRI SANKARA DENTAL COLLEGE, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318, REPRESENTED BY ITS PRINCIPAL.** - **2 S.R. EDUCATIONAL AND CHARITABLE TRUST, AKATHUMMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 318, REPRESENTED BY ITS PRINCIPAL.** - **3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.** - **4 KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O, TRICHUR, 680 596, REPRESENTED BY ITS REGISTRAR.** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 8 :: & 4064/22** **5 DENTAL COUNCIL OF INDIA, AIWAN-E-GALIB MARGE, KOTLA ROAD, TEMPLE LANE, NEW DELHI 110 002, REPRESENTED BY ITS SECRETARY.** **ADDL.R6 DIRECTOR OF MEDICAL EDUCATION (ADDL.R6 SUO MOTU IMPLEADED AS PER ORDER DATED 11.4.2019 IN WP(C))** **BY ADV.SRI.KURIAN GEORGE KANNANTHANAM (SR.) BY ADV.SRI.P.M.SANEER BY ADV.SRI.TONY GEORGE KANNANTHANAM BY SRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF HEALTH SCIENCES BY SRI.PRAKASH M.P., SC, DENTAL COUNCIL OF INDIA BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022 ALONG WITH WP(C).12260/2020 AND CONNECTED CASES, THE COURT ON 01.04.2022 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 9 :: & 4064/22** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 1[ST] DAY OF APRIL 2022/11TH CHAITHRA, 1944** **W.P.(C).NO.2583 OF 2022** ## **PETITIONER:** **THE CHAIRMAN SR EDUCATIONAL AND CHARITABLE TRUST, AKATHUMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695 141.** **BY ADV.SRI.KURIAN GEORGE KANNANTHANAM (SR.) BY ADV.SRI.P.M.SANEER BY ADV.SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** **1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELCARE, (DENTAL EDUCATION SECTION), NIRMAN BHAVAN, NEW DELHI - 110 011.** - **2 DENTAL COUNCIL OF INDIA** - **REPRESENTED BY ITS SECRETARY, KIFLA ROAD, NEW DELHI - 110 002.** - **3 THE COMMISSIONER FOR ENTRANCE EXAMINATION 5TH FLOOR, KSHB BUILDING, THIRUVANANTHAPURAM - 695 001.** **BY SRI.M.P.PRAKASH, SC, DENTAL COUNCIL OF INDIA BY SRI.MANU.S., ASSISTANT SOLICITOR GENERAL OF INDIA BY SRI.P.G.PRAMOD, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2022 ALONG WITH W.P(C).12260/2020 AND CONNECTED CASES, THE COURT ON 01.04.2022 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 10 :: & 4064/22** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 1[ST] DAY OF APRIL 2022/11TH CHAITHRA, 1944** **WP(C) NO. 2720 OF 2022** ## **PETITIONER:** **THE CHAIRMAN S.R. EDUCATIONAL AND CHARITABLE TRUST, AKATHUMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT 695 141.** **BY ADV.SRI.KURIAN GEORGE KANNANTHANAM (SR.) BY ADV.SRI.P.M.SANEER BY ADV.SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, (DENTAL EDUCATIONAL SECTION), NIRMAN BHAVAN NEW DELHI 110 011.** - **2 DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY KIFLA ROAD, NEW DELHI 110 002.** - **3 THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, K.S.H.B. BUILDING, THIRUVANANTHAPURAM 695 001.** **BY SRI.MANU S., ASSISTANT SOLICITOR GENERAL OF INDIA BY SRI.M.P.PRAKASH, SC, DENTAL COUNCIL OF INDIA BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 11 :: & 4064/22** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022 ALONG WITH WP(C).12260/2020 AND CONNECTED CASES, THE COURT ON 01.04.2022 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 12 :: & 4064/22** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 1[ST] DAY OF APRIL 2022/11TH CHAITHRA, 1944** **W.P(C).NO.4064 OF 2022** ## **PETITIONER:** **THE CHAIRMAN, S.R. EDUCATIONAL AND CHARITABLE TRUST, AKATHUMURI, VARKALA, THIRUVANANTHAPURAM DISTRICT 695 141.** **BY ADV.SRI.KURIAN GEORGE KANNANTHANAM (SR.) BY ADV.SRI.P.M.SANEER BY ADV.SRI.TONY GEORGE KANNANTHANAM** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.** - **2 THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, K.S.H.B. BUILDING, THIRUVANANTHAPURAM 695 001.** - **3 DENTAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY, KIFLA ROAD, NEW DELHI 110 002.** **BY SRI.M.P.PRAKASH, SC, DENTAL COUNCIL OF INDIA BY SRI.P.G.PRAMOD, GOVERNMENT PLEADER (GP-50)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2022 ALONG WITH W.P(C).NO.12260/2020 AND CONNECTED CASES, THE COURT ON 01.04.2022 DELIVERED THE FOLLOWING:** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 13 :: & 4064/22** ## **J U D G M E N T** ## **A.K. Jayasankaran Nambiar, J.** _“It would be dangerous and against the right to life itself, in case unequipped medical colleges are permitted to impart substandard medical education without proper facilities and infrastructure.”_ _Arun Mishra J. in MCI v. The Chairman, S.R. Educational and Charitable Trust and Another – [2018 KHC 6864]._ The Chairman of the S.R. Educational & Charitable Trust, Varkala, the Educational Agency that established the Sree Sankara Dental College, Thiruvananthapuram, is the petitioner before us in W.P. (C).Nos.12260/2020, 2583/2022, 2720/2022 and 4064/2022. Although W.P.(C).No.5189/2019 had also been preferred by students pursuing their BDS course in the said Dental College, who had alleged that regular classes were not being conducted for the BDS course from 2017 onwards, the learned counsel appearing for the petitioners in that case informed us that the petitioners do not wish to pursue their case, and hence, the said writ petition is dismissed as withdrawn. **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 14 :: & 4064/22** 2. In the subsisting writ petitions, the challenge is against various orders passed by the Central Government and the Dental Council of India [hereinafter referred to as the “DCI”] in connection with the BDS and MDS courses conducted by the petitioner College during the academic years from 2020-21 onwards. It would appear that an inspection was conducted in the College, at the instance of the DCI, pursuant to complaints received from students, who were the petitioners in W.P.(C).No.5189/2019, and based on the said inspection, by a report dated 3.7.2019, the DCI had recommended to the Central Government to stop the admissions to the BDS and MDS courses in the College from the academic year 2019-20 onwards. By the same report, the DCI had also recommended the withdrawal of recognition to the College. No action appears to have been taken by the Central Government on the said report. While matters stood thus, another inspection was conducted, at the instance of the DCI, and by a report dated 30.1.2020, they once again recommended to the Central Government to stop the admissions to the BDS and MDS courses from the academic year 2020-21 onwards. This time around, the Central Government, acting on the report of the DCI, and purportedly in exercise of their powers under Regulation 11 A of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 15 :: & 4064/22** Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 [hereinafter referred to as the “2006 Regulations”] issued an order dated 28.2.2020 directing the petitioner College to stop admissions to the MDS course from the academic year 2020-21 onwards. This order of the Central Government was impugned by the petitioner in W.P. (C).No.12260/2020, where by an interim order dated 23.4.2020, a learned Single Judge, after taking note of the submissions of the learned counsel for the petitioner that the defects pointed out by the DCI pursuant to their inspection of the College had already been cured and a compliance report placed before the DCI, stayed the operation of the order of the Central Government and permitted the College to make provisional admission of students to the MDS Program for the academic year 2020-21, subject to the result of the writ petition. While W.P.(C).No.12260/2020 was pending before this Court, the DCI passed an order dated 19.1.2022, referring to its earlier recommendations to the Central Government as also the earlier order dated 28.2.2020 of the Central Government, and directing the petitioner College to discharge those students who had been admitted to the MDS course in the academic year 2021-22. The said order of the DCI was impugned by the petitioner in W.P.(C).No.2583/2022, where, again, by an interim order dated 25.1.2022, a learned Single **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 16 :: & 4064/22** Judge taking note of the earlier order in W.P.(C).No.12260/2020 stayed the operation of the impugned order of the DCI pending disposal of the writ petition. It would appear that by another order of the same date i.e., 19.1.2022, the DCI also directed the petitioner College to discharge students admitted to the BDS course in the academic year 2020-21. Impugning the said order, _inter alia_ on the ground that there was no order from the Central Government to stop the admission to the BDS course, the petitioner approached this Court through W.P. (C).No.2720/2022, where, again, by an interim order dated 27.1.2022, a learned Single Judge stayed the operation of the said order of the DCI. 3. W.P.(C).No.4064/2022 was thereafter preferred at a time when the allotment of students to the BDS course for the academic year 2021-22 had been notified and it became apparent to the petitioner from the allotment notification published by the State Government on 2.2.2022 that its College was not included in the allotment process. The notification dated 2.2.2022 of the State Government clearly indicated that the exclusion of the petitioner's College from the allotment process was on account of the proceedings initiated by the DCI against the petitioner's College. When the said writ petition came up for admission before us, we directed the **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 17 :: & 4064/22** Registry to post the connected writ petitions also before us for disposal, and it is therefore that all these writ petitions are now before us for hearing. 4. Appearing for the petitioner College in these writ petitions, the learned senior counsel Sri.Kurian George Kannanthanam, assisted by Adv.Sri.P.M.Saneer would contend that going by the Scheme of the Dentists Act, 1948, the establishment of a Dental College can only be after obtaining permission from the Central Government for the same. It is pointed out that in due compliance with the procedures contemplated under Section 10-A of the Dentists Act, an application had been preferred before the Central Government with a copy to the DCI, and it was after getting a favourable report from the DCI that the Central Government issued the petitioner with a letter of permission for commencing the Dental courses in the College. It is on the strength of the letter of permission so issued by the Central Government that the petitioner College applied to the Kerala University of Health Sciences [KUHS] for affiliation and was granted the same by the said University. Elaborating upon the procedure prescribed under the Dentists Act, the learned senior counsel submitted that the letter of permission has to be renewed every year till the first batch of students admitted to the College, and to the **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 18 :: & 4064/22** course concerned, reaches the final year of the course and thereafter the Institution as also the course will be recommended for recognition. On recognition being granted to the Institution/course, the name of the Institution as also the course will be notified in the Schedule to the Dentists Act, and thereafter there is no requirement for renewal of the letter of permission or the affiliation granted by the University concerned. He points out that since the College was established in 2006 and by 2016 it had already obtained recognition in respect of the entire intake of students to both the BDS and MDS courses, it was not open to the Central Government to issue the order dated 28.2.2020 directing the College to stop admissions to the MDS course from the academic year 2020-21 onwards. The contention, in otherwords, is that after an Institution and its courses have been recognised in terms of the Regulatory Statute, it is not open to the Central Government to stop admission of students to any of the recognised courses unless the procedure prescribed under Section 16-A of the Dentists Act, for withdrawal of the recognition granted to the Institution/courses, has been followed. The specific case of the learned senior counsel is that no steps for withdrawal of the recognition have been initiated, much less completed, and hence, the impugned orders of the Central Government as also the DCI are wholly without jurisdiction and unenforceable in law. **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 19 :: & 4064/22** 5. Responding to the said arguments of the learned senior counsel for the petitioners, it is the submission of Sri.M.P.Prakash, the learned Standing counsel for the DCI that pursuant to an inspection in 2019, the DCI had, through two reports dated 3.7.2019 and 30.1.2020, brought to the notice of the Central Government the deficiencies in the educational infrastructure maintained at the petitioner College, and had recommended for a stoppage of admissions to the BDS and MDS courses in the said College from the academic year 2019-20 onwards. While the Central Government had acted upon the later recommendation of the DCI and initiated the process envisaged under Section 16-A of the Dentists Act, for withdrawing the recognition of the petitioner College, the Central Government had also invoked its power under Regulation 11 A of the 2006 Regulations to direct a stoppage of admissions to the MDS course for the academic year 202021 onwards. It is stated that on a combined reading of the provisions of the Dentists Act and the Regulations aforementioned, the action of the Central Government in issuing the order to stop the admissions in the MDS course has to be seen as an integral step in the process of considering the recommendation of the DCI for withdrawal of the recognition granted to the petitioner College. He submits that the procedure under Regulation 11 A is one that is designed to safeguard **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 20 :: & 4064/22** the interests of students who might unknowingly seek admission to an Institution/course whose recognition was likely to be withdrawn. He would argue that inasmuch as the petitioner College had not established before the DCI that it had cured the defects/deficiencies highlighted by the DCI in their inspection report, the Central Government could not be faulted for issuing the order directing stoppage of admissions to the MDS course. He would also point out that in the earlier writ petition [W.P.(C).No.5189/2019], the petitioner College, while responding to the notices issued by the DCI, had also indicated that they were going through severe financial crisis and were even ready to accept a decision by the State Government to take over the administration of the College. It is his case that under such circumstances it would not be in public interest to permit the College to admit students, and he urges this Court not to permit the petitioner College to admit fresh students to these courses without first ensuring that the Regulatory authorities are satisfied with the compliance by the College with the statutory provisions regarding educational and infrastructural requirements. 6. We have heard Sri.Kurian George Kannanthanam, the learned senior counsel, assisted by Sri.P.M.Saneer, the learned counsel for the petitioners, Sri.M.P.Prakash, the learned Standing counsel for **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 21 :: & 4064/22** the DCI and also Sri.P.G.Pramod, the learned Government Pleader for the State Government. 7. Before we proceed to discuss the merits of the writ petitions, we might point out that when the last of the writ petitions had come up for admission before us, we were really concerned with the prayers in the said writ petition which were essentially for a direction to the State Government to allot students for the BDS course in the petitioner College for the academic year 2021-22. Our concern was essentially as to whether or not the necessary educational infrastructure as prescribed by the statutory provisions existed in the petitioner College for imparting instructions to students admitted to the BDS and MDS courses. We wanted to satisfy ourselves, at least _prime facie_ , that the necessary facilities were available in the College. We also took note of the fact that over two years had passed since the last inspection was done at the instance of the DCI. We, therefore, directed the DCI to cause an inspection to be done at the petitioner College and to report to us on (i) the status with regard to the deficiencies noticed by the DCI in its report dated 30.1.2020 and (ii) any other deficiency that was noticed by the DCI during their inspection. We directed the DCI to submit its report in two parts as detailed above. The DCI has since conducted the inspection as **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 22 :: & 4064/22** directed and submitted their report in the matter. On a perusal of the report, we find that although the petitioner College has cured some of the deficiencies pointed out in the report of the DCI dated 30.1.2020, there are other defects that subsist, which may have a bearing on the quality of instructions that are imparted to the students of the BDS and MDS courses in the College. We cannot also shut our eyes to the report of the State Government before us which clearly indicates that the State Government is not prepared to undertake any responsibility in relation to the students of the said College unless the College is seen functioning in a manner that is found satisfactory by the Regulatory authorities such as the DCI and the University concerned. 8. It is significant that from the academic year 2020-21 onwards, the issue of according continued recognition to the petitioner College in respect of the BDS/MDS courses is pending consideration before the Central Government. While, pursuant to the inspection conducted by the DCI and its report dated 30.1.2020, the Central Government had initiated proceedings to consider whether or not the recognition to the petitioner College should be withdrawn in accordance with Section 16-A of the Dentists Act, further progress in the matter was stalled on account of the stay granted by this Court against the order passed by the Central Government in exercise of its **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 23 :: & 4064/22** powers under Regulation 11 A to stop the admission to the MDS course from academic year 2020-21 onwards. On account of the interim orders granted by this Court, it is apparent that there was no progress in the proceedings initiated under Section 16-A, and unless the said procedure is completed in accordance with the statutory provisions, there cannot be a decision taken by the Regulatory authority on the aspect of continued recognition of the petitioner College under the Dentists Act. Although, we had directed the DCI to cause an inspection and file a report before us, the said inspection report was sought only for the limited purpose of satisfying ourselves of the existence of educational and infrastructural requirements at the petitioner College, while considering its prayer for an interim direction to the State Government to include it in the allotment process. It was not intended to be a substitute for the inspection that is contemplated under the Statute in connection with proceedings under Section 16-A of the Dentists Act. We also wanted to ascertain the veracity of the submission of the learned counsel for the petitioner College, at the time of obtaining the interim order dated 23.4.2020 in W.P. (C).No.12260/2020, that they had cured all the defects pointed out in the report of the DCI dated 30.1.2020 and had also furnished a compliance report before the said authority. The DCI has specifically denied the said aspects in their counter affidavits filed in these writ **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 24 :: & 4064/22** petitions. 9. The learned senior counsel submits that inasmuch as the inspection report of the DCI referred above does not disclose any serious infirmity or discrepancies with regard to the facilities available at the College, this Court should permit it to admit students to the BDS/MDS courses for the current academic year and pending a consideration of the issue of withdrawal of recognition by the Central Government. We find ourselves unable to countenance such a submission, especially because the hurried inspection directed by us as above is not the inspection that is contemplated under the Statute. In **Manohar Lal Sharma v. M.C.I. and Others - [2013 KHC 4719]** , speaking on the purpose of the inspection conducted by the Regulatory authority [in that case, 'the Medical Council of India'], the Court clarified that the power of the Regulatory authority to conduct the surprise inspection is essentially to find out whether the deficiencies pointed out by it have been rectified or not, especially in cases where the College concerned submits a compliance report. 'Surprise inspection', as the term indicates, does not warrant the issuance of any prior notice as it would defeat the very purpose of the inspection, and it would be possible for the College to make perfect what is otherwise imperfect. Taking cue from the said observations of **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 25 :: & 4064/22** the Supreme Court, we are of the view that the petitioner College must get the approval of the Regulatory authorities pursuant to a proper inspection as contemplated under the Regulatory statutes. Only thereafter should it be permitted to admit students to the BDS/MDS courses. We cannot also ignore the fact that in respect of the Medical College run by the same Educational Trust that manages the petitioner Dental College, the Supreme Court had, in **Medical Council of India v. The Chairman, S. R. Educational and Charitable Trust and Another - [2018 KHC 6864]** , observed that whatever the College says cannot be accepted as gospel truth, and that the report submitted by the Regulatory authorities in that case could not be lightly disbelieved. The Court, on that occasion, had also found that a decision taken by the Union of India on the basis of a recommendation of an expert body regarding the inadequacy of facilities in medical colleges cannot be interfered with lightly, and interference was permissible only when the college demonstrated the existence of jurisdictional errors, _ex facie_ perversity or _mala fide_ . In a similar vein, we find that in these cases also, there was a decision taken by the Central Government based on the recommendations of an expert body [DCI], and this Court ought not to have interfered with the said decision even at the preliminary stage of entertaining the writ petition. The interim order of this Court was passed taking note of **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 26 :: & 4064/22** the submissions made on behalf of the petitioner College, that the deficiencies pointed out in the report of the DCI had in fact been cured, and a compliance report to that effect submitted before the DCI, the veracity of which has been disputed by the DCI in their counter affidavit. Under the circumstances, we feel that any further delay in the consideration of the issue of continued recognition to the petitioner's College will be counterproductive to the interests of the student community as also against public interest, generally. 10. We might also observe that we are not persuaded to accept the submission of the learned senior counsel for the petitioner that after granting an essentiality certificate, the State Government has no further role in overseeing the activities of the petitioner's College. In **V. N. Public Health and Educational Trust etc. v. State of Kerala and Others - [2021 KHC 6105]** , while dealing with the Essentiality Certificate issued by the State Government for the establishment of medical colleges in the State, it was observed as follows by the Court in paragraph 19: “19. Whether issuance of an Essentiality Certificate is only a Ministerial Act :- This Essentiality Certificate in the prescribed form is crucial for avoiding cases where the colleges despite grant of initial permission could not provide the infrastructure, teaching and other facilities as a result whereof the students who had already been admitted suffered serious prejudice. **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 27 ::** Medical Council of India Regulations as well as Kerala University Health Sciences Statutes very emphatically mandate that the consent of affiliation can only be given after the Institution fulfills the essential requirements. The contention of the Appellant that the absence of Essentiality Certificate is not one of the factors for consideration and is extraneous to the decision-making process cannot be accepted. Whilst granting the Essentiality Certificate, the State Government undertakes to take over the obligations of the private educational institution in the event of that institution becoming incapable of setting of the institution or imparting education therein. Such an undertaking on the part of the State Government is unequivocal and unambiguous. An Essentiality Certificate by the State Government legitimizes a medical college declaring it fit to impart medical education and gives accouchement to the expectation amongst the stakeholders that the Applicant College shall fulfill basic norms specified by the MCI to start and operate a medical college. Bearing in mind that the question of justified existence of a college and irregular/illegal functioning of an existing college belong to a different order of things and cannot be mixed up. We come to the conclusion that the issuance/re-issuances of an essentiality certificate is not in any way a ministerial job and while dealing with a case of maintaining standards in a professional college, strict approach must be adopted as these colleges are responsible for ensuring that medical graduate has the required skill set to work as a doctor in the country. Poor assessment system; exploding number of medical colleges; shortage of patients/clinical materials; devaluation of merit in admission, particularly in private institutions; increasing capitation fees; a debilitated assessment and accreditation system, are problems plaguing our Medical Education system. Allowing such deficient colleges to continue to function jeopardizes the future of the student community and leading to incompetent doctors to graduate from such colleges and ultimately pose a bigger risk to the society at large defeating the very purpose of the Essentiality Certificate issued by the State. The State would be deterring from its duty if it did not conduct an inspection from time to time to ensure that the requisite standards as set by the MCI are met before issuing/renewing the Essentiality certificate. That is by no stretch of imagination ‘merely a ministerial job’. Considering especially that while issuing the Essentiality Certificate the State Govt. undertakes that should the Medical College fail to provide the requisite infrastructure and fresh admissions are stopped by the Central Government, the State Government shall take over the responsibility of the students already admitted in the College. Same is the position with respect of CoA by the University. The First Statute of KUHS prescribes that University may appoint a Commission to inspect the proposed site to make a physical verification of the existing facilities and suitability of proposed site. The grant of affiliation is dependent upon fulfillment of all the conditions that are specified in **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 28 :: & 4064/22** Clause X(I) of First Statutes or that may be specified which includes staff, infrastructure facility, hospital, internet, library, playground, hostel, etc. Thus, even grant of CoA by the University also cannot be said to be merely a ministerial act. In view of above, we are of the considered opinion that grant of EC by the State Government and CoA by the University is not simply a ministerial act and we do not find any merit in the argument of the appellant in this regard.” The Court thereafter went on to find that in cases where the spirit behind the Essentiality Certificate issued by the State Government many years ago has remained unfulfilled by the College concerned, despite repeated opportunities given by the Regulatory authority, it could be safely assumed that the very substratum for issuing the Essentiality Certificate had completely disappeared. In such a situation, it was held that the State Government ought to act and take corrective measures to undo the hiatus situation and provide a window to some other institute capable of fulfilling the minimum standards/norms specified by the Regulatory authority for establishment of a new College in the concerned locality or within the State. 11. We find the above observations to be very relevant in the instant cases where the State Government that issued the Essentialtiy Certificate to the petitioner College in 2006, has through their statement filed before us clearly indicated that they are not in favour **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 29 :: & 4064/22** of continuing a College that is not specified by the Regulatory authority as complying with the provisions of the Statute with regard to the maintenance of educational infrastructure. 12. The upshot of the above discussion is that we direct the respondent Regulatory authorities under the Dentists Act and the Regulations thereunder, to complete the proceedings initiated through the recommendations of the DCI pursuant to their report dated 30.1.2020, for stopping admissions to the BDS and MDS courses in the petitioner College and to withdraw the recognition granted to the said College by taking a decision in the matter after complying with the procedure contemplated under the Dentists Act and Regulations. We feel that the procedure under Section 16-A of the Dentists Act must be continued from the stage at which it was interdicted by this Court, if need be after conducting a fresh inspection. The process must be completed by the Central Government and a decision taken on the recommendations of the DCI, as expeditiously as possible, so that there will be certainty with regard to whether or not the petitioner College can admit students to the BDS and MDS courses in the forthcoming academic year [2022-23]. We are not inclined to permit admission of students to the BDS course for the current academic year [2021-22] pending consideration by the Central Government of the **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 30 :: & 4064/22** issue of withdrawal of recognition as above. We make it clear that the fate of the admissions of those students who were admitted to the MDS course, based on the interim order dated 23.4.2020 of the learned Single Judge in W.P.(C).No.12260/2020, will depend on the outcome of the proceedings under Section 16-A referred above. W.P.(C).No.5189/2019 is dismissed as withdrawn and the other Writ Petitions are disposed as above. **Sd/A.K.JAYASANKARAN NAMBIAR JUDGE** **Sd/MOHAMMED NIAS C.P. JUDGE** **prp/** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 31 :: & 4064/22** ## **APPENDIX OF W.P(C).NO.12260/2020** ## **PETITIONER EXHIBITS:** **EXHIBIT P1** - **TRUE COPY OF THE LETTER OF PERMISSION FROM CENTRAL GOVERNMENT TO ADMIT 50 STUDENTS FOR BDS DATED 15.7.2006.** **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 8.9.2006 ISSUED BY THE UNIVERSITY.** - **EXHIBIT P3** **TRUE COPY OF THE ORDER ISSUED BY THE CENTRAL GOVERNMENT DATED 4.7.2011.** - **EXHIBIT P4 TRUE COPY OF THE NOTIFICATION OF THE CENTRAL GOVERNMENT GRANTING RECOGNITION FOR BDS FOR 50 STUDENTS DATED NIL JUNE 2012.** - **EXHIBIT P5 TRUE COPY OF ORDER DATED 15.7.2013 ISSUED BY THE CENTRAL GOVERNMENT.** - **EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.2.2018 ISSUED BY THE CENTRAL GOVERNMENT.** - **EXHIBIT P7 TRUE COPY OF THE ORDER OFRECOGNITION OF BDS WITH 100 STUDENTS DATED 4.7.2018 ISSUED BY THE CENTRAL GOVERNMENT.** - **EXHIBIT P8 TRUE COPY OF THE ORDER DATED 2.4.2013 ISSUED BY THE CENTRAL GOVERNMENT GRANTED PERMISSION TO START MDS COURSES.** - **EXHIBIT P9 TRUE COPY OF THE ORDER DATED 17.2.2016 ISSUED BY THE CENTRAL GOVERNMENT EXTENDING THE PERMISSION FOR 2016-17.** **EXHIBIT P10** **TRUE COPY OF THE NOTIFICATION DATED 27.12.2016 ISSUED BY THE CENTRAL** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 32 ::** **& 4064/22** ## **GOVERNMENT.** **EXHIBIT P11 TRUE COPY OF THE RECOMMENDATION DATED 30.1.2020 ISSUED BY THE DENTAL COUNCIL OF INDIA.** **EXHIBIT P12 TRUE COPY OF THE LETTER DATED 10.2.2020 ISSUED BY THE CENTRAL GOVERNMENT TO THE PRINCIPAL.** - **EXHIBIT P13 TRUE COPY OF THE LETTER DATED 17.2.2020 BY THE COLLEGE SEEKING FOR AN ADJOURNMENT.** - **EXHIBIT P14 TRUE COPY OF THE PRELIMINARY OBJECTION BY 3-MAIL FILED BY THE PETITIONER DATED 24.2.2020.** - **EXHIBIT P15 TRUE COPY OF THE ORDER DATED 28.2.2020 ISSUED BY THE CENTRAL GOVERNMENT, ORDERING STOPPAGE OF ADMISSION FOR MDS IN PETITIONER'S COLLEGE.** - **EXHIBIT P16 TRUE COPY OF THE NOTIFICATION DATED 13.4.2020 ISSUED BY THE ENTRANCE COMMISSIONER.** **RESPONDENTS EXHIBITS:** - **EXHIBIT R2(1)** - **TRUE COPY OF THE INTERIM ORDER DATED 02.04.2019 IN W.P.(C).NO.5189/2019 OF THIS HON'BLE COURT. RELEVANT PORTION OF THE BDS REGULATIONS, 2007.** **EXHIBIT R2(2) TRUE COPY OF THE INTERIM ORDER DATED 24.04.2019 IN W.P.(C).NO.5189/2019 OF THIS HON'BLE COURT.** **EXHIBIT R2(3) TRUE COPY OF THE LETTER DATED 07.06.2018 OF THE 2ND RESPONDENT.** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 33 :: & 4064/22** **EXHIBIT R2(4) TRUE COPY OF THE LETTER DATED 04.07.2018 OF THE 1ST RESPONDENT.** **EXHIBIT R2(5)** **TRUE COPY OF THE EMAIL LETTER DATED 05.02.2019 OF THE PARENT TEACHERS ASSOCIATION OF THE SRI SANKARA DENTAL COLLEGE.** - **EXHIBIT R2(6) TRUE COPY OF THE LETTER DATED 25.02.2019 OF THE 2ND RESPONDENT.** - **EXHIBIT R2(7) TRUE COPY OF THE LETTER DATED 05.04.2019 OF THE 2ND RESPONDENT.** - **EXHIBIT R2(8) TRUE COPY OF THE LETTER DATED 03.07.2019 OF THE 2ND RESPONDENT.** **EXHIBIT R2(9) TRUE COPY OF THE LETTER DATED 31.07.2019 OF THE 1ST RESPONDENT.** **EXHIBIT R2(10) TRUE COPY OF THE COMPLIANCE VERIFICATION REPORT DATED 20/21 JANUARY 2020.** **EXHIBIT R2(11)** **TRUE COPY OF THE DCI (ESTABLISHMENT OF NEW DENTAL COLLEGES, OPENING OF NEW OF HIGHER COURSE OF STUDY OR TRAINING AND INCREASE OF ADMISSION CAPACITY IN DENTAL COLLEGES) (9TH AMENDMENT) REGULATIONS 2017.** - **EXHIBIT R2(12) TRUE COPY OF THE LETTER DATED 30.01.2020 OF THE 2ND RESPONDENT** - **EXHIBIT R2(13)** **TRUE COPY OF THE DCI (ESTABLISHMENT OF NEW DENTAL COLLEGES, OPENING OF NEW OF HIGHER COURSE OF STUDY OR TRAINING AND INCREASE OF ADMISSION CAPACITY IN DENTAL COLLEGES) (9TH AMENDMENT) REGULATIONS 2017.** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 34 :: & 4064/22** ## **APPENDIX OF W.P.(C).NO.2583/2022** ## **PETITIONER EXHIBITS:** **Exhibit P1** **TRUE COPY OF THE ORDER F.NO.V.12017/19/2005DE ISSUED BY THE CENTRAL GOVERNMENT DATED 04.07.2011.** **Exhibit P2 TRUE COPY OF THE NOTIFICATION OF THE CENTRAL GOVERNMENT GRANTING RECOGNITION FOR BDS FOR 50 STUDENTS DATED NIL JUNE 2012.** - **Exhibit P3 TRUE COPY OF THE ORDER OF RECOGNITION OF BDS WITH 100 STUDENTS DATED 4.7.2018 ISSUED BY THE CENTRAL GOVERNMENT.** - **Exhibit P4 TRUE COPY OF THE ORDER DATED 2.4.2013 ISSUED BY THE CENTRAL GOVERNMENT GRANTED PERMISSION TO START MDS COURSES.** - **Exhibit P5 TRUE COPY OF THE ORDER DATED 17.2.2016 ISSUED BY THE CENTRAL GOVERNMENT EXTENDING THE PERMISSION FOR 2016-17.** - **Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED 27.12.2016 ISSUED BY THE CENTRAL GOVERNMENT.** - **Exhibit P7 TRUE COPY OF THE RECOMMENDATION DATED 30.1.2020 ISSUED BY THE DENTAL COUNCIL OF INDIA.** - **Exhibit P8 TRUE COPY OF THE LETTER DATED 10.02.2020 ISSUED BY THE CENTRAL GOVERNMENT TO THE PRINCIPAL.** - **Exhibit P9 TRUE COPY OF THE LETTER DATED 17.02.2020 BY THE COLLEGE SEEKING FOR AN ADJOURNMENT.** **Exhibit P10 TRUE COPY OF THE PRELIMINARY OBJECTION BY E- MAIL FILED BY THE PETITIONER DATED 24.02.2020.** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 35 :: & 4064/22** ## **Exhibit P11** **TRUE COPY OF THE ORDER DATED 28.2.2020 ISSUED BY THE CENTRAL GOVERNMENT, ORDERING STOPPAGE OF ADMISSION FOR MDS IN PETITIONER'S COLLEGE.** **Exhibit P12** **TRUE COPY OF THE INTERIM ORDER DATED 23.04.2020 IN TMP. NO.112 OF 2020 OF THIS HON. COURT.** **Exhibit P13** **TRUE COPY OF THE COVERING LETTER NO.B12527/SSDC/2021 DATED 10.11.2021 TO THE 2ND RESPONDENT.** **Exhibit P14** **TRUE COPY OF THE ORDER DATED 19.1.2022 ISSUED BY THE DENTAL COUNCIL OF INDIA.** ## **RESPONDENTS EXHIBITS NIL.** ## **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 36 :: & 4064/22** ## **APPENDIX OF WP(C).NO.2720/2022** ## **PETITIONER EXHIBITS:** **Exhibit P1** **TRUE COPY OF THE ORDER F. NO. V. 12017/19/2005-DE ISSUED BY THE GOVERNMENT DATED 4.7.2011.** **Exhibit P2 TRUE COPY OF THE NOTIFICATION OF THE CENTRAL GOVERNMENT GRATING RECOGNITION FOR BDS FOR 50 STUDENTS DATED NIL JUNE 2012.** - **Exhibit P3 TRUE COPY OF THE ORDER OF RECOGNITION OF BDS WITH 100 STUDENTS DATED 4.7.2018 ISSUED BY THE CENTRAL GOVERNMENT.,** - **Exhibit P4 TRUE COPY OF THE ORDER DATED 2.4.2013 ISSUED BY THE CENTRAL GOVERNMENT GRANTED PERMISSION TO START MDS COURSES.** - **Exhibit P5 TRUE COPY OF THE RECOMMENDATION DATED 30.1.2020 ISSUED BY THE DENTAL COUNCIL OF INDIA.** - **Exhibit P6 TRUE COPY OF THE LETTER DATED 10.2.2020 ISSUED BY THE CENTRAL GOVERNMENT TO THE PRINCIPAL.** **Exhibit P7 TRUE COPY OF THE ORDER DATED 28.2.2020 ISSUED BY THE CENTRAL GOVERNMENT, ORDERING STOPPAGE OF ADMISSION FOR MDS IN PETITIONERS COLLEGE.** - **Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 23.4.2020 IN TMP. NO. 112 OF 2020 OF THIS HON. COURT.** - **Exhibit P9** **TRUE COPY OF THE COVERING LETTER NO. BI/2039/SSDC 2021 DATED 30.1.2021 TO THE 2ND** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 37 ::** **& 4064/22** **RESPONDENT.** **Exhibit P10** **TRUE COPY OF THE ORDER DATED 19.1.2022 ISSUED BY THE DENTAL COUNCIL OF INDIA.** ## **RESPONDENTS EXHIBITS NIL.** **//TRUE COPY//** **P.S. TO JUDGE** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 38 :: & 4064/22** ## **APPENDIX OF W.P(C).NO.4064/2022** ## **PETITIONER EXHIBITS:** ## **Exhibit P1** **TRUE COPY OF THE ORDER F.NO. V. 12017/19/2005-DE ISSUED BY ISSUED BY THE GOVERNMENT DATED 4.7.2011.** - **Exhibit P2 TRUE COPY OF THE NOTIFICATION OF THE CENTRAL GOVERNMENT GRANTING RECOGNITION FOR BDS FOR 50 STUDENTS, DATED NIL JUNE 2012.** - **Exhibit P3 TRUE COPY OF THE ORDER OF RECOGNITION OF BDS WITH 100 STUDENTS DATED 4.7.2018 ISSUED BY THE CENTRAL GOVERNMENT.** - **Exhibit P4 TRUE COPY OF THE ORDER DATED 2.4.2013 ISSUED BY THE CENTRAL GOVERNMENT GRANTED PERMISSION TO START MDS COURSES.** **Exhibit P5 TRUE COPY OF THE RECOMMENDATION DATED 30.1.2020 ISSUED BY THE DENTAL COUNCIL OF INDIA.** - **Exhibit P6 TRUE COPY OF THE LETTER DATED 10.2.2020 ISSUED BY THE CENTRAL GOVERNMENT TO THE PRINCIPAL.** **Exhibit P7 TRUE COPY OF THE ORDER DATED 28.2.2020 ISSUED BY THE CENTRAL GOVERNMENT, ORDERING STOPPAGE OF ADMISSION FOR MDS IN PETITIONER'S COLLEGE.** - **Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 23.4.2020 IN WPC TMP.NO. 112 OF 2020 OF THIS HON. COURT.** **Exhibit P9 TRUE COPY OF THE COVERING LETTER NO. BI/2039/SSDC 2021 DATED 30.1.2021 TO THE 3RD RESPONDENT.** **W.P.(C).Nos.12260/20, 5189/19 & 2583, 2720 :: 39 :: & 4064/22** **Exhibit P10 TRUE COPY OF THE ORDER DATED 19.1.2022 ISSUED BY THE DENTAL COUNCIL OF INDIA.** **Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 27.1.2022 IN WPC NO. 2720/2022 OF THIS HON . COURT.** **Exhibit P12 TRUE COPY OF THE NOTIFICATION DATED 24.1.2022 ISSUED BY THE OF THE RESPONDENT.** **Exhibit P13 TRUE COPY OF THE NOTIFICATION DATED 2.2.2022 ISSUED BY THE OF THE 2ND RESPONDENT.** **Exhibit P14 A TRUE COPY OF THE CONTINUATION OF AFFILATION ORDER NO.U O NO.777/2021/ACADEMIC/KUHS DTD. 22/9/2021 ISSUED BY THE UNIVERSITY** **Exhibit p15 TRUE COPY OF THE ACHIEVEMENT BOARD EXHIBITED IN THE PETITIONERS COLLEGE.** ## **RESPONDENTS EXHIBITS NIL.** ## **//TRUE COPY//** **P.S. TO JUDGE**