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2024 Supreme(Online)(KER) 7984
HIGH COURT OF KERALA
P. G. Ajithkumar, J
CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C) 26139/2017
SRI.GEORGE POONTHOTTAM, SRI.P.SREEKUMAR,SC, SRI.GEORGE POONTHOTTAM, SMT.NISHA GEORGE, SRI.RIYAL DEVASSY, GP
The court did not establish any new legal principles, as the matter was disposed of on the ground of the main prayer being infructuous.
Headnote:
Dentists Act - Affiliation - University Authority
Fact of the Case:
The petitioner filed a writ petition seeking various reliefs regarding the continuation of professional affiliation given to the petitioner institute by the University. The main prayer in this writ petition is regarding the continuation of professional affiliation given to the petitioner institute.
Finding of the Court:
The court granted liberty to the petitioner to agitate the matter if there is any fresh cause of action, and disposed of the writ petition as infructuous.
Issues: Whether the University has the authority to decline affiliation of an institution which is recognized and notified in Part 1 of the Schedule of the Dentists Act; Whether initiating action against an institution without intimating the contents of the inspection report, scrutiny reports and issuing show cause notice is against the law; Whether the University is required to issue the report of inspection, report of the scrutiny committee whenever a show cause notice or action is taken against the institution before taking a final decision on the matter.
Ratio Decidendi: The court did not delve into the substantive issues raised in the writ petition, as the main prayer regarding the continuation of professional affiliation was conceded by the petitioner to be infructuous.
Final Decision: The writ petition is disposed of granting liberty to the petitioner to agitate the matter if there is any fresh cause of action.
This writ petition is filed seeking the following reliefs:
- “i. Issue a writ of certiorari calling for the records leading to Exhibit P7 and quash the same;
- ii. Issue a writ declaring that the University has no authority to decline affiliation of an institution which is recognized and notified in Part 1 of the Schedule of the Dentists Act;
- iii. Issue a writ declaring that initiating of taking action against an institution without intimating the contents of the inspection report, scrutiny reports and issuing show cause notice is against law;
- iv. Issue a writ in the nature of mandamus directing the University to issue the report of inspection, report of the scrutiny committee whenever a show cause notice or action is taken against the institution before taking a final decision on the matter;
- v. Issue a writ in the nature of Mandamus, W.P.(C) No.26139 of 2017 directing the 1st respondent to issue the order of affiliation, with an intake of 100 students for the year 2017-18;
- vi. Issue a writ in the nature of mandamus directing the University to intimate the second respondent for allotment of candidates for the counseling scheduled for admissions in the Dental College for the academic year 2017-18;
- vii. Issue such other orders as are deemed fit and proper in the circumstances of the case.”[SIC]
2.The main prayer in this writ petition is regarding the continuation of professional affiliation given to the petitioner institute. Counsel for the petitioner conceded that the prayers in this writ petition are infructuous, but if there is any fresh cause of action to the petitioner, the same may be left open.
Granting liberty to the petitioner to agitate the same if there is any fresh cause of action, this writ petition is disposed of.
