The Punjab and Haryana high court has directed that Gian Sagar Dental College and Hospital, Banur, be allowed to make admissions in Bachelor of Dental Science (BDS) course for the academic session 2022-2023.
The high court bench of Justice Sudhir Mittal acted on the plea from the college which had challenged the central government’s decision of denying permission for course renewal.
The permission was denied on May 31, 2022, on the ground that the time schedule laid down by the Dental Council of India (DCI) did not permit grant of approval.
Taking note of facts in the case, the bench observed, “It is well known that government departments pass orders without application of mind. Certain departments take the cake. The dental education section of the ministry of health and family welfare, Government of India appears to be one of them.”
According to the time schedule, applications should have been received by the central government by July 17, 2021. Final recommendation should have been made by the Dental Council of India by April 30, 2022, and the letter for permission should have been issued by the government by May 31.
However, in August 2021, the court quashed order whereby government had refused the college permission to run the course for the session 2021-2022. Following this, the college applied for renewal of permission for the session 2022-2023 and the provisional admission was granted on February 2, 2022. Due to litigation, the process in the case of the college started, well beyond deadlines fixed for normal circumstances.
{{/usCountry}}However, in August 2021, the court quashed order whereby government had refused the college permission to run the course for the session 2021-2022. Following this, the college applied for renewal of permission for the session 2022-2023 and the provisional admission was granted on February 2, 2022. Due to litigation, the process in the case of the college started, well beyond deadlines fixed for normal circumstances.
{{/usCountry}}The court observed that entire process commenced after the last date fixed by the schedule for submission of final recommendations. “It was not humanly possible to abide by the time schedule given in the facts and circumstances of this case. The central government should have invoked the discretion vested in it and allowed the college to run the course,” the bench said, adding that “failure to do so reveals complete non-application of mind” in passing the order of May 31 not allowing fresh admissions to the college.
The court quashed the May 31 order and further observed that as there is no other objection relating to infrastructure or any qualification, approval for the session would be deemed to have been granted by the central government with effect from the date of the judgment.