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2018 Supreme(Cal) 637
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
ARINDAM SINHA, J.
State of West Bengal & Others - Petitioners
Versus
Union of India & Others - Respondents
WP. No. 18232 (W) 2018
Decided On : 14-09-2018
For the Petitioners:Abhratosh Majumdar, LD. Sr. Advocate, AAG., T. M. Siddiqui, Nilotpal Chatterjee, Advocates.
For the Respondents:Indrajeet Dasgupta, Advocate.
The central legal point established is that the college should have been granted an opportunity of being heard before the stoppage of admissions, as required by the Dentist's Act, 1948 and the DCI Regulations.
Headnote:
Dental College - Admission Stoppage - Dentist's Act, 1948, Section 16A, DCI Regulations - 11A
Fact of the Case:
The State of West Bengal challenges a letter issued by the Ministry of Health & Family Welfare, Government of India, directing North Bengal Dental College & Hospital to stop admissions in the BDS course for the year 2018-2019, based on the recommendations of the Dental Council of India (DCI). The college was not given an opportunity of hearing before the stoppage of admissions.
Finding of the Court:
The Court found that the college was not granted an opportunity of being heard after the inspection and that the stoppage of admissions was done with undue haste.
Issues: The main issue was the denial of an opportunity of hearing to the college before the stoppage of admissions.
Ratio Decidendi: The court held that the college should have been given an opportunity of being heard before the stoppage of admissions, as per the provisions of the Dentist's Act, 1948 and the DCI Regulations.
Final Decision: The Court directed that no effect be given to the impugned letter until the disposal of the writ petition.
1. State of West Bengal moves this Court challenging letter dated 31st May, 2018 issued by Ministry of Health & Family Welfare, Government of India to Principal, North Bengal Dental College & Hospital, in which following was said :-
“I am directed to refer to Dental Council of India’s letter no.DE-3 (55)/BDS-2018/2264 dated 30.05.2018 (copy enclosed) on the subject cited above and to say that in pursuance of Clause 11A of the DCI (9th Amendment) Regulations, 2017, the Central Government has decided to accept the recommendations of DCI to stop admissions in BDS Course for the year 2018-2019 at North Dental College & Hospital, Siliguri.”
2. Mr. Majumdar, learned senior advocate, Additional Advocate General, appears on behalf of petitioners and files supplementary affidavit upon leave obtained and copy served in Court. He relies on regulation 11A in 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, 2006 which is reproduced below:-
“11A- When, upon report by the Executive Committee or the Visitor it appears to the Council that –
Any recognized Dental institution does not satisfy the requirement of the Council at undergraduate and/or postgraduate level in terms of staff, building, equipment, accommodation, training and other facilities as prescribed in the Dentist’s Act, 1948 and Rules & Regulations made there under, as amended from time to time it may recommend to the Central Government for withdrawal of recognition of such dental qualification at undergraduate and/or postgraduate level under section 16 A of the Dentists Act and the Central Government may take appropriate action thereon as it may think fit in the facts and circumstances of each case including stoppage of admission at such courses of study and training, after an opportunity of hearing is granted to such dental institution.”
3. He submits, impugned letter was made purportedly in exercise of discretion vested on Central Government by regulation 11A as appears on face of the same. Between acceptance of recommendations of Dental Council of India made by its letter dated 30th May, 2018 and issuance of impugned letter directing the college to stop admissions in BDS course for year 2018-19 there is but one day, impugned letter having been issued the next day, i.e. 31st May, 2018. He submits, it is not necessary to say anything more regarding opportunity of hearing denied to the college in matter of stopping its admission process.
4. He refers to letter dated 15th June, 2018 issued by Secretary, Health and Family Welfare Department, Government of West Bengal, to Joint Secretary Dental Education, Ministry of Health and Family Welfare, Government of India with regard to impugned letter. Relevant text from said letter is reproduced below :-
“The inspection of the said college took place on 14.05.2018 and 15.05.2018 which also coincided with our Panchayat elections and the Under Secretary informed the Department of the decision of the Ministry on 31.05.2018. I would like to point out that the Principal of North Bengal Medical College has informed us in writing that he was not informed of the findings of the visiting team and was not given any opportunity to explain and meet up deficiencies, as stipulated under Section (7) of Part VIII of the Dental Council of India Regulations, 1956 clearly states, “Copies of the reports by the Inspectors marked ‘Confidential’ shall be forwarded to the University of Examinating Body concerned as well as the Institution with a request that the authority should furnish to the Executive Committee, within six months from the date of dispatch, such observations thereon as it may think necessary.”.
5. Further, in pursuance of Clause 11A of the DCI (9th Amendment) Regulations, 2017, “….The Central Government may take appropriate action thereon as it may think fit in the facts and circumstances of each case including
