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2021 Supreme(Online)(KER) 35446
HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
THE PRINCIPAL, CENTURY INTERNATIONAL INSTITUTE OF DENTAL SCIENCE AND RESEARCH CENTRE – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C)/26923/2020
SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.TONY GEORGE KANNANTHANAM, SRI.THOMAS GEORGE, SRI.ALEX GEORGE (CHAMAPPARAYIL), SHRI.EBEE ANTONY
The denial of provisional affiliation is justified if an educational institution fails to meet essential standards of educational quality and infrastructure as per regulatory requirements.
Headnote:
Provisional Affiliation - Dental Education - Indian Medical Council Act, 1956 (Section 10A); Kerala University of Health Sciences Act, 2010 - The court upheld the denial of provisional affiliation based on identified deficiencies in the dental college’s infrastructure and faculty, emphasizing the necessity for compliance with regulatory standards for quality education.
Fact of the Case:
The Principal of a dental college sought a writ to challenge the denial of provisional affiliation for the BDS course for the academic year 2020-21 after the college received negative inspection reports citing serious deficiencies in faculty and facilities.
Issues: The central issue was whether the decision to deny continuation of provisional affiliation was warranted based on the deficiencies reported in the inspections of the dental college.
Ratio Decidendi: The court concluded that the University had the authority to deny affiliation based on deficiencies that posed risks to the quality of medical education, thereby affirming the importance of compliance with both the Medical Council and University standards.
Final Decision: The writ petition was dismissed.
JUDGMENT
The petitioner is the Principal of a Self-financing Dental College, namely, Century International Institute of Dental Science & Research Centre, conducting BDS course with an annual intake of 100 seats, on the strength of the Letter of Permission granted by the Central Government, based on the recommendation made by the Dental Council of India, and the provisional affiliation granted by the 1st respondent Kerala University of Health Sciences. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P10 order dated 04.05.2020 of the 1st respondent University, whereby the application made by the petitioner for continuation of provisional affiliation for BDS course for the academic year 2020- 21, stands rejected. Seeking reconsideration of the decision taken in Ext.P10 order, the petitioner filed Ext.P11 appeal dated 20.09.2020 before the Vice Chancellor of the 1st respondent University. By Ext.P12 communication dated 27.11.2020 of the 1st respondent University, the petitioner was informed that the request made in Ext.P11 cannot be considered favourably since the application for continuation of provisional affiliation was rejected based on grave deficiencies found in the petitioner's college during two inspections conducted. The petitioner has also sought for a declaration that the college is entitled to have admission for BDS course for the academic year 2020-21 or in the alternative, a writ of mandamus commanding the 1st respondent University to issue continuation of affiliation for BDS course, for the academic year 2020-21; and a writ of mandamus commanding the 3rd respondent Commissioner for Entrance Examinations to include the name of the petitioner's college in centralised allotment process for admission to BDS course, for the year 2020-21 itself.
2. On 04.12.2020, when this writ petition came up for admission, the learned Standing Counsel for the 1st respondent University sought time to get instructions.
3. A statement has been filed on behalf of the 1st respondent, by the learned Standing Counsel for the University, opposing the reliefs sought for in this writ petition.
4. Heard the learned counsel for the petitioner, learned Standing Counsel for the 1st respondent University and also the learned Senior Government Pleader for respondents 2 and 3.
5. The issue that arises for consideration in this writ petition is as to whether any interference is warranted on Ext.P10 order dated 04.05.2020 of the 1st respondent University, whereby the application made by the petitioner for continuation of provisional affiliation to the petitioner's college for conducting BDS course, for the academic year 2020-21, stands rejected for the reasons stated therein.
6. The document marked as Ext.P1 is the notification dated
14.10.2015 of the Central Government granting recognition to BDS degree awarded by the 1st respondent University in the petitioner's college with 100 seats, if granted on or after 04.03.2015. The document marked as Ext.P2 is an order dated 30.09.2020 of the 1st respondent University, whereby the petitioner's college has been granted continuation of provisional affiliation for BDS course for the academic year 2019-20, with an annual intake of 100 seats. The petitioner applied for continuation of provisional affiliation for the academic year 2020-21. The University issued Ext.P3 letter dated 10.01.2020 requiring the petitioner to produce clearance certificate from the Kerala State Pollution Control Board and licence from Chemmanad Grama Panchayat for running the college. The petitioner submitted a reply stating that the petitioner has already made arrangement for collection and disposal of bio-medical waste with the Indian Medical Association Goes Eco Friendly (IMAGE), as evidenced by Ext.P5 letter of affiliation dated 14.12.2019 and that the application with the Pollution Control Board is pending. The document marked as Ext.P6 is a receipt dated
