Hc Gives Relief To Gian Sagar College, Allows Dental Course | Chandigarh News

Chandigarh: The Punjab and Haryana high court has set aside the May 31, 2022, order passed by the central government denying renewal of permission to Gian Sagar Medical College near Banur in Patiala to admit students in its dental course in new session. The college would now be included in the counselling for admission in dental courses.
“Impugned order dated May 31 is quashed. There being no other objection relating to infrastructure or any qualification, approval for the session shall be deemed to have been granted by the central government with effect from the date of the judgment. Such an order is being passed as counselling for the academic session 2021-22 is scheduled to commence from mid-August. The college of the petitioner be included in the forthcoming counselling,” the HC ordered.
Justice Sudhir Mittal of the HC has passed these orders after hearing a petition filed by the Gian Sagar Educational and Charitable Trust.
Coming down heavily on the Centre for denying permission to the Trust to run the dental college, the HC 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 & family welfare, Government of India appears to be one of them”.
In its detailed order, the HC held that the central government should have invoked the discretion vested in it especially when a precedent had been brought to its notice by the Dental Council of India. Failure to do so reveals complete non-application of mind rendering the impugned order dated May 31 arbitrary, observed the HC.
In this case, the HC had passed an order dated October 7, 2021, quashing order dated August 19, 2021 refusing permission to the petitioner for setting up a new dental college. Thereafter, the central government granted permission vide communication dated January 31, 2022, after granting an opportunity of personal hearing. The permission was for the academic session 2020-21. According to the schedule, such a letter of permission should have been issued not later than May 31, yet, permission was granted on January 31, 2022, without raising any objection regarding violation of the time schedule.
According to the HC, obviously, raising of an objection was not thought to be proper as counselling for the academic session 2020-21 had been delayed on account of Covid-19 pandemic and was to be held in April, 2022.
The HC observed that the same logic should have prevailed while considering the application for first renewal because the same could have been filed only after grant of permission to establish a new college. The permission having been granted only on January 31, 2022, the application could not have been filed before February 3, 2022 as provisional affiliation was granted only on February 2, 2022. Assuming, that the application was received in the Dental Council of India on March 15, 2022, inspection could not have been done before May 23-24, 2022.
The Centre had recommended declining renewal of permission to the petitioner on May 31 on the ground that the time schedule laid down by the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Courses of Study or Training and Increase of Admission Capacity in Dental Colleges) (8th Amendment) Regulations, 2006 (hereinafter referred to as the 2006 Regulations), did not permit grant of approval.



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