HC sets aside Centre’s order on Gian Sagar Dental College : The Tribune India


Tribune News Service

Chandigarh, August 19

The Punjab and Haryana High Court has set aside an order passed by the Central government, denying renewal of permission to Gian Sagar Dental College and Hospital to admit students in dental course in the new session.

Raps Union Govt for denying permission

Rapping the Central Government for denying permission to the Trust to run Gian Sagar Dental College and Hospital, Justice Mittal asserted it was well-known that the government departments passed orders without application of mind and certain departments took the cake

“The 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,” Justice Sudhir Mittal asserted, while hearing a petition filed by Gian Sagar Educational and Charitable Trust.

Rapping the Centre for denying permission to the trust to run the dental college, Justice Mittal asserted it was well known that government departments passed orders without application of mind and certain departments took the cake. The Dental Education Section of the Union Ministry of Health & Family Welfare appeared to be one of them.

Justice Mittal asserted 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 revealed complete non-application of mind rendering the impugned order dated May 31 arbitrary.

In that case, the High Court had on October 7, 2021, quashed an order dated August 19, 2021, refusing permission to the petitioner for setting up a new dental college. Thereafter, the Central government granted permission vide a communication dated January 31, this year, after granting an opportunity of personal hearing. The permission was for the academic session 2020-21. “Obviously, raising 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.

Justice Mittal asserted the same logic should have prevailed while considering the application for first renewal because the plea 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.



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