Supreme Court of India
PRIYA DARSHNI DENTAL COLLEGE & HOSPITALversusUNION OF INDIA & ORS.
- Citation
- 2011 INSC 128
- Decided
- 15 February 2011
- Disposal
- Case Allowed
- Bench
- R V RAVEENDRAN
Holding
The condition requiring Supreme Court approval for the renewal of permission is illegal; the renewal is valid without such condition.
Summary
Priyadarshini Dental College applied for renewal of its fourth‑year BOS course permission for 2010‑11. The Dental Council of India (DCI) found deficiencies and recommended non‑renewal, leading the Central Government to refuse the renewal. After a hearing ordered by the Madras High Court, the Central Government granted renewal but conditioned it on the college obtaining a Supreme Court order confirming that the grant did not violate the earlier Mridul Dhar decision that 15 July was the last date for such permissions. The Supreme Court held that imposing a condition requiring judicial approval was improper, quashed the condition, and declared the renewal valid without it. The Court also clarified that the executive’s power under the Dentists Act is not subject to pre‑approval by the judiciary and that the time‑schedule provisions can be flexibly applied.
Issues considered
- The propriety of the Central Government conditioning renewal of permission on obtaining a Supreme Court order.
- Whether the Supreme Court can approve an executive order as part of the decision‑making process.
- Whether renewal of permission after 15 July violates the Mridul Dhar judgment.
- Whether the Central Government may modify the time‑schedule under the DCI Regulations.
Legislation cited
- Dentists Act, 1948s. 10A(4), s. 1OA
Subjects
Dentists ActSection 10Arenewal of permissionSupreme Courtseparation of powersadministrative laweducational institutionstime scheduleDCI regulationsjudicial review
Judgment
[2011) 2 S.C.R. 945
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL A
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 319 of 2010)
FEBRUARY 15, 2011
B
[R.V. RAVEENORAN ANO A.K. PATNAIK, JJ.)
Dentists Act, 1948 - s. 1OA - Renewal of permission for
the BOS Course for the academic year - Ministry issuing
order granting renewal of permission for the fourth year of the C
BOS Course for the academic year with a condition that
Dental College should seek approval of its order from
Supreme Court, so as to 'regularize' its order- Propriety of -
Held: Is improper and irregular - Executive power of the
Central Government to grant permission or renewal of D
permission uls. 1OA, is not subject to control/supervision or
confirmation/approval by Supreme Court - Such a
requirement by the executive, amounts to attempting to make
the judiciary a part of the decision making process by the
executive - Power of judicial review is not intended to be E
exercised to grant 'advance rulings or administrative
approvals" to validate executive orders - It would notbe
. proper for Supreme Court to 'approve' the Central
Government's order granting renewal of permission as part of ,,
the 'decision making process' so as to 'regularize' the delay F
in making the order - Condition imposed by the Central
Government requiring the dental colleges to secure
appropriate orders from Supreme· Court approving the
renewals of permission quashed - However, renewal of
permissions issued by Central Government to the petitioners G
for the academic year 2010-2011, are valid - Suggestion
given for modification of time schedule for renewal of
permission - Administrative law - Education/Educational
institutions.
945 H
946 SUPREME COURT REPORTS [2011] 2 S.C.R.
A Education/Educational institutions: Applications for fresh
permission and applications for renewal of permission for
establishment of new dental colleges - Distinction between.
The petitioner-Dental college filed an application on
24.02.2010 for renewal of the permission for the fourth
8
year of the BOS Course for the academic year 2010-2011
to the Dental Council of India (DCI) and the same was not
granted. The petitioner filed a writ petition seeking
quashing of the rejection order and sought a direction to
C the Central Government to permit the College to admit
fresh students for BOS course for the academic year
2010-2011 and to grant renewal permission to conduct
the fourth year of the BOS course for the academic year
2010-2011. The High Court by order dated 29.07 .2010
remitted the petitioner's application for renewal of
D permission for 2010-2011, for re-consideration by the
Central Government by giving a due hearing to the
petitioner. In pursuance thereof, Committee gave a
hearing to the petitioner college and recommended the
renewal of permission for the fourth year of BOS Course
E for the academic year 2010-2011. The Central
Government accepted the recommendation and sent a
communication dated 17.08.2010 to the petitioner college
granting renewal of permission subject to the Dental
College obtaining an order from ti1is Court, approving the
F grant of permission beyond 15th July 2010. The DCI also
sent a communication to the petitioner requiring
compliance with the _communication dated 17.08.2010
sent by the Central Government. Thereafter, the petitioner
college filed the instant writ petition, seeking a direction
G that the conditional permission granted to it by the
Central Government on 17.08.2010 under Section 10A(4)
of the Dentists Act, 1948 for the academic year 2010-2011,
... ' be made 'absolute' by declaring that such permission
granted by the Central Government, did not violate the
H order of this Court in *Mridu/ Dhar's case which according
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 947
UNION OF INDIA & ORS.
to the Central Government directed that 15th July should A
be the last date for grant of such permission. Thereafter,
this Court granted interim stay of the said condition.
Allowing the writ petitions, the Court
HELD: 1.1 The executive power of the Central B
Government to grant permission or renewal of permission
under Section 1OA of the Dentists Act, 1948, is not subject
to the control or supervision of this Court, nor subject to
confirmation or approval by this Court. The Central
Government is bound to consider and pass orders C
granting or refusing permission in terms of Section 10A,
taking note of the recommendations of DCI, by following
the procedure prescribed by the Act and DCI regulations.
Neither this Court, nor any other court, has any role to
play in the decision making process relating to grant or D
refusal of permission under the Act, by the Central
Government. [Para 1OJ (959-C-D)
1.2 A stipulation by an authority entrusted with the
power to consider and grant permissions/recognitions, E
while granting such permission/recognition, that the
applicant should seek and obtain an order from a court,
approving the grant of such permission/recognition, as
a condition prncedent to give effect to such grant, would
be improper and irregular. It amounts to failure to take
responsibility or shirking the responsibility in exercising F
the power in accordance with the Act and the
Regulations. Further, such a requirement by the
executive, amounts to attempting to make the judiciary a
part of the decision making process by the executive.
Judiciary has no role to play under the Act or Rules in G
·granting permission or renewal of permission. The power
of judicial review is not intended to be exercised to grant
'advance rulings of administrative approvals" to validate
executive orders. Neither Central Government, nor the
DCi, can shift the onus of decision making to the courts, H
948 SUPREME COURT REPORTS [2011) 2 S.C.R.
A blurring and obliterating the line of separation between
the executive and the judiciary. Any attempt by the
executive authority to provide itself a protective cover
against challenges or criticism to its action, by 'passing
the buck" to the Judiciary in regard to final decisions,
B should be resisted and avoided. The orders of the Central
Government granting or refusing permission are subject
to judicial review at the instance of any affected party,
and the same cannot be pre-empted by making the
Supreme Court a party to the decision making process
C of the executive. It was not proper for the Ministry of
Health and Family Welfare (Dental Education Section),
Government of India, to stipulate a condition while
granting renewal of permission for the BOS Course, that
the order is subject to the condition that the institute
obtains the orders of Supreme Court to the effect that
0
such permission would not violate the earlier order of the
Hon'ble Supreme Court to the effect that 15th July would
be last date for grant of such permission in the relevant
academic year." Such a condition requiring approval of
E this Court is liable to be quashed. [Para 11] [959-E-H; 960-
A-E]
2.1 The decision in Mridul Dhar's case referring to a
time schedule stipulating 15th July as the last date for
issue of letters of permission by Central Government
F does not relate to dental colleges nor to permissions/
renewal of permissions to dental colleges. The said time
schedule is not even a direction of this Court, but is only
an extract from the Medical Council of India
Establishment of Medical College Regulations, 1999
G applicable only to medical colleges. This Court in Mridu/
Dhar's case however, clearly directed that the Central
Government should strictly adhere to the time schedule
wherever provided for. In view of the directions in Mridu/
Dhar's case, DCI in consultation with the Central
H Government, provided a time schedule, while making the
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 949
UNION OF INDIA & ORS.
Dental Colleges of India (Establishment of New Dental A
Colleges, Opening of New or Higher Course of Study or
Training and Increase of Admission Capacity in Dental
Colleges) Regulations, 2006. As per the DCI Regulations,
the last date for grant of permissions and renewal of
permissions by Central Government is 15th July. B
Regulation 11 (2) clearly lays down a time schedule for the
submission of applications for renewal of permission (six
months prior to the expiry of the current academic
session), for recommendation by DCI (15th June) and for
issue of final orders by Central Government regarding C
renewal of permission (15th July). Though, the DCI
Regulations provide that the last date for issue of letter
of permission or renewal of permission by the Central
Government is 15th July, having regard to the scheme
relating to grant of renewal of permission and note (2) to
the schedule, the Central Government has the discretion 0
to modify the time schedule in appropriate cases, for
reasons to be recorded, in respect of any class or
category of applications. [Paras 12, 13 and 14] [961-A-F]
Mridul Dhar vs. Union of- India 2005(2) SCC 65 - E
referred to.
2.2 If the Central Government was of the view that a
dental college deserved renewal of permission in
accordance with the Act and Regulations, it should gra~t
such permission. If it was of the view that the dental F
college did not deserve renewal of permission, it should
refuse the permission. If the Central Government felt that
the last date for granting renewal of permission was over
and there was no justification for extending the time
schedule, it could refuse the renewal of permission on G
that ground. On the other hand, if the Central Government
was of the view that the applicant college had complied
with the requirements and was not at fault, and it was not
responsible in any manner for the delay in considering
the applicatfon, and there were other applicants of similar H-
950 SUPREME COURT REPORTS (2011] 2 S.C.R.
A nature, it could have recorded those reasons in writing
and extended the time schedule for that category of
applicants and then granted the renewal of perqtission,
provided the last date for admissions had not expired.
Note (2) tc the schedule to the DCI Regulations enables
B the Central Government to modify the time schedule, for
reaso,ns to be recorded in writing, in respect of any class
or category of applications. Applicants for renewal of
permission for the fourth or fifth year, where there is
compliance with the requirements relating to
infrastructure, equipment and faculty, could be such a
C class or category of applications. Similarly, applications
where High Courts have directed consideration beyond
15th July in view of special circumstances, can also
constitute a class or category of applicants. [Para 15]
~ [965-C-D-E-F~G]
2.3 Though the prayer for 'approval' of the order of
the C~ntral Government, sought in the writ petition is
rejected, the petitioner is entitled to a suitably moulded
relief. The delay was beyond the control of DCI and the
E Central Government. The petitioner college was also not
responsible for the delay in applying for renewal of
permission. Jhe last date for admissions had not yet
expired. The order was passed on the direction of the
High Court to reconsider the matter. There were several
F other similar cases pending before the Central
Government. All those applications for renewal of
permission, which were directed to be reconsidered by
the High Court could be considered to be a special
category of applications where the Central Government
G had modified the time schedule for grant of renewal of
permissions under Note (2) to the schedule to the DCI
Regulations. By so deeming, the order of the Central
Government granting renewal of permissions in these
cases can be considered as having been validly made.
H [Para 16] [965-H; 966-A-D] ..
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 951
UNION OF INDIA & ORS.
2.4 In the connected cases, the Central Government A
passed similar conditional orders granting renewal of
permission to other petitioner dental colleges, in regard
to either fourth or fifth year of BOS course in September
2010and in one of the case it was passed on 23.07.2010.
The petitioners are entitled to similar relief. In these cases, B
the petitioner~, who were applicants for renewal were
existing dental colleges, were functioning for three or four
years and each college had admitted hundreds of
students either directly or through State Government
allotment. The colleges had the benefit of· initial c
permission and several renewals of permission. Refusal
of renewal of permission in such cases should not be
abrupt nor for insignificant or technical violations. Nor
should such applications be dealt in a casual manner, by
either granting less than a ·week for setting right the 0
'deficiencies' or not granting an effective hearing before
refusal. The entire process of verification and inspection
relating to renewal of permission, should be done well in
time so that such existing colleges have adequate aud
reasonable time to set right the deficiencie:s or offer E
explanations to the deficiencies. The object of providing
for annual renewal of permissions for four years, is to
ensure that the infrastructural and faculty requirements
are fulfilled in a gradual manner, and not to cause
disruption. [Paras 17 and 18) [966-E-H; 967-A-C]
F
2.5 The applications for fresh permissions and
applications for renewal of permissions require distinct
time schedules. The process of decision making under
the Regulations, for grant of fresh or initial permission for
establishment of new dental colleges is exhaustive and G
elaborate, when compared to the process of decision
making in regard to grant of renewal of permission for the
four subsequent years. Before grant of initial grant of
permission, the DCI and Central Government are required
to consider the following aspects: whether the institution H
952 SUPREME COURT REPORTS [2011) 2 S.C.R.
A would be in a position to offer the minimum standards of
dental education in conformity with the Act and the
Regulations; whether the institution has adequate
resources; whether the institution has provided or would
provide within the time-limit specified in the scheme,
B .necessary staff, equipment, accommodation, training and
other facilities to ensure proper functioning of the
institution; whether the institution has provided or would
provide within the time-limit specified in the scheme,
adequate hospital facilities; whether faculty having
c recognized dental qualifications and personnel in the
field of practice of dentistry would be available to impart
proper training for the students; and whether other
factors prescribed by the Regulations have been
complied. On the other hand, for the purpose of grant of
0 renewal of permission, DCI has to make
recommendations by considering only whether the
prescribed faculty and infrastructure are available. [Para
19] [967-D-H; 968-A]
2.6 The need for renewal of permission emanates
E from the fact that a newly established college is not
required to have in place, full complement of the teaching
faculty and complete infrastructure in the first year itself.
This is because, during the first year, the college will be
catering only to a limited number of first year students.
F During the second, third and fourth and fifth years, the
student strength would increase. Thereafter, the strength
may remain constant. As the strength increases gradually
every year, correspondingly the infrastructure and faculty
would have to be increased. The DCI Regulations
G contemplate new dental colleges being established and
started with limited infrastructure and faculty, and making
"provision for expansion of teaching staff and
infrastructure facilities in a phased manner as per
Annexures Ill and IV to the regulations". [Para 20] [968-
H B-E]
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 953
UNION OF INDIA & ORS.
2. 7 In view of the fact that the inspection and A
verification in regard to renewal of permission for the.
second, third, fourth and fifth years would be restricted
only to the consideration of the additional faculty and
additional infrastructure, it may not be necessary to apply
the lengthy time schedule prescribed for· initial B
permission, to renewal of permissions during the next
four years. The DCI Regulations presently contemplate
almost similar time schedules in regard to applications
.for establishment of new dental colleges, for opening of
higher courses of study, for increase of admission c
capacity, and for renewal of permissions, with 15th July
being the last date both for grant of permission or renewal
of permission. DCI and Central Government may
consider amendment to the DCI Regulations suitably to
provide for a shorter and distinct time :schedule for 0
renewal of permissions, so that the dental colleges could
file applications till end of February and the process of
grc,nt or refusal of renewal is completed by 15th of June.
[Para 21] [969-E-G]
2.8 The condition imposed by the Central E
Government (requiring the dental colleges to secure
appropriate orders from this Court approving the
renewals of permission) in the letters of renewal of
permission issued to the petitioners in July/August/
September, 2010, is quashed. It is however, declared that F
the renewal of permissions issued by Central
Government to the petitioners for the academic year
2010-2011, are valid. [Para 22] [970-B-C]
Case Law Reference:
G
200~(2) sec 65 Referred to Para 8
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
319 of 2010.
H
954 SUPREME COURT REPORTS [2011] 2 S;C.R.
A Under Article 32 of the Constitution of India.
With
W.P. (C) Nos. 322, 223, 324, 330, 332, 333, 334, 337,
339, 345 of 2010.
B
S. Uday Kumar Sagar, Bina Madhawan, Karan Kanwar,
Lawyer's Knit & Co., Ashish Mohan, T. Meikandan, K.K. Mohan
for the Petitioner. '
C H.P. Rawal, ASG T.S. Doabia, Raj Kumar Tanwar, Rashmi
Malhotra, Shailinder Saini, D.S. Mahra, T. Harish Kumar,
Abhinav Mukerji, R. Chandrachud, V. Prabakar, C. Thiruppathi
for the Respondents.
The Judgment of the Court was delivered by
D
R.V. RAVEENDRAN J. 1. Issue rule nisi. Heard finally by
consent. As these cases involve a similar issue, they are
disposed of by this common order. For convenience we will
refer to the facts from the lead matter [W.P.(C)No.319 of 2010].
E
2. The Central Government, by order dated 12.7.2007,
granted permission to the petitioner college, under Section
10A(4) of the Dentists Act, 1948 ('Act' for short) for establishing
a new Dental College with an intake of 100 students,
commencing from the academic year 2007-08. Thereafter, by
F orders dated 18.8.2008 and 23.6.2009, the Central
Government granted renewal of permission for the academic
years 2008-09 and 2009-10.
3. For the academic year 2010-2011, the petitioner made
G an application for fourth year renewal permission, to the Dental
Council of India ('DCI' for short) on 24.2.2010 enclosing
therewith a form containing the particulars of teaching staff,
infrastructure etc. as also a demand draft for Rupees one lakh
towards the inspection fees. In pursuance of it, the DCI
H Inspectors carried out an inspection on 26.4.2010 and
....
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 955
UNION OF INDIA & ORS. [RV. RAVEENDRAN, J.]
submitteaa Joint Inspection Report to DCI. Based on the said A
report, the DCI by communication dated 17.5.2010 informed
the petitioner college about the deficiencies in faculty,
equipments/instruments and library, with reference to the DCI
Norms, and called upon the college to rectify the deficiencies
and furnish a compliance report within. five days. B
4. The petitioner college sent a Compliance Report dated
19.5.2010 to DCI informing them about the action taken to
rectify the deficiencies and also giving certain clarifications to
show that some of the deficiencies pointed out were not
deficiencies at all. DCI considered the said reply of the C
petitioner College and made a recommendation dated
12.6.2010 to the Central. Government not to renew the
permission for the fourth year of the BOS Course for the
academic year 2010-2011, in view of the deficiencies noted
therein. D
5. The central government, sent a general circular dated
21.6.2010 to all Dental Colleges in whose cases the DCI had
recommended that permission should not be renewed,
including the petitioner college, informing that a three-member E
Committee under the Chairmanship of the Director General of
Health Services will give a personal hearing to them, as
required under the first proviso to Section 10A (4) of the Act to
consider the proposal for renewal of permission for the BOS
Course for the acad~mic year 2010-2011, on 23rd, 24th and F
25th June, 2010. The said letter was dispatched on 22.6.2010
and reached the petitioner college on 25.6.2010, making it
impossible for the petitioner college situated at Chennai (Tamil
Nadu} to send its Principal/Representative for the personal
hearing. In the circumstances, the petitioner college by letter G
dated 25.6.2010, requested for such hearing. However, such
hearing was not granted. By communication dated 15.7.2010,
· the Central Government communicated its decision not to grant
renewal permission to the Dental College for the academic
year 2010-11. A consequential direction was issued to the H
956 SUPREME COURT REPORTS [2011) 2 S.C.R.
A college not to admit students for the academic year 2010-11.
6. Feeling aggrieved, the petitioner approached the
Madras High Court by filing a writ petition on 19.7.2010 praying
that the order of rejection dated 15.7.2010 be quashed and
seeking a direction to the Central Government to permit the
8
College to admit fresh students for BOS course for the
academic year 2010-11 and also seeking a direction to the
Central Government to grant renewal permission to conduct the
fourth year of the BOS course during the academic year 2010-
C 11. The said writ petition was allowed by the Madras High
Court by order dated 29.7.2010. The High court held that
dispatch of the letter dated 21.6.2010 on 22.6.2010 fixing the
personal hearing on 23rd, 24th and 25th June, 2010, did not
amount to grant of a hearir~f at all, if the letter reached the
College on 25.6.2010, after the time fixed for hearing. It,
0 therefore, held that the mandatory requirement of reasonable
opportunity of being heard, required under the proviso to
Section 10A \1) of the Act was not complied with. As a
consequence, the High Court remitted the petitioner's
application for renewal of permission for 2010-2011, for re-
E consideration by the Central Government, by giving a due
hearing to the petitioner. The High Court also directed the three-
member Committee constituted by the Central Government to
hear the petitioner on 6.8.2010, consider the documents
furnished by it and pass final orders. It also reserved liberty to
F OCI, if necessary, to make further inspection to verify the
correctness of the compliance report submitted by the petitioner
college and send a further report so as to reach the three-
member Committee of the Central Government before
6.8.2010.
G
7. In pursuance of the said order, the three-member
Committee gave a hearing to the petitioner college on
6.8.2010. Thereafter, the Committee recommended the
renewal of permission for the fourth year of BOS Course for
the academic year 2010-11. Accepting the recommendation,
H
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 957
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.].
the Central Government sent a communication dated 17.8.2010 A
to the petitioner college granting renewal of permission subject
to a condition. We extract below the relevant portion of the said
order:
"The Central Government has accepted the above
8
recommendation of the Committee and the permission of
the Central Government is granted to Priyadarshini Dental
College and Hospital, Thiruvallur Taluk & Dist. Tamil Nadu,
for admission of 100 students in the 4th year of BOS
course for the academic year 2010-11. However, since the C
last date of grant of such permission has already expired
on 15.7.2010, the above Central Government permission
to the institute is subject to the condition that the institute
obtains the orders of Supreme Court to the effect that
such permission would not violate the earlier order of the
Hon'ble Supreme Court to the effect that 15th July would D
be last date for grant such permission in the relevant
academic_year." (emphasis supplied)
The DCI also sent a communication dated'23.8.2010 to the
petitioner requiring compliance with the communication dated E
17.8.2010 sent by the Central Government.
8. In compliance with the direction of the Central
Government, the petitioner college has approached this Court
by filing this writ petition, seeking a direction that the conditional
F
permission granted to it by the Central Government on
17.8.2010 under Section 10A(4) of the Act for the academic
year 2010-11, be made "absolute" by declaring that such
permission granted by the Central Government, did not violate
the order of this court in Mridul Dhar vs. Union of India -
2005(2) SCC 65 (which according to the Central Government, G
directed that 15th July should be the last date for grant of such
permission). While issuing notice on the writ petition, this Court
granted interim stay of the said condition requiring the
'approval' of this Court.
H
958 SUPREME COURT REPORTS [2011] 2 S.C.R.
A 9. Learned Additional Solicitor General appearing for the
Central Government and the learned counsel appearing for DCI
submitted that the High Court, in a writ petition filed by the
petitioner, had held that there was a violation of the first proviso
to Section 10A(4) of the Act by the Central Government failing
8 to provide a hearing to the petitioner before refusing to renew
the permission; that as a consequence, the High Court directed
the Central Government to give a fresh opportunity of hearing
to the petitioner college; that such a direction was issued on
29.7.2010, after the last date (15th July) for grant of
C permissions had expired; that the Central Government gave a
hearing as directed by the High Court and being satisfied that
the petitioner had complied with the requirements, promptly
took a decision reversing the earlier decision and granted the
renewal of permission; and that as the Central Government felt
o that its order granting permission in August may violate the
requirement in Mridul Dhar that the last date for issue of
permission should be 15th July, the Central Government
imposed the condition that its permission was subject to the
Dental College obtaining an order from this Court, approving
E the grant of permission beyond 15th July. It was submitted by
the Central Government in its counter affidavit dated
10.12.2010 filed in this writ petition that as the Ministry did not
want to violate the order of this Court in Mridul Dhar, by granting
any permission after 15th July, it had "incorporated the condition
F in the letters of permissions issued after 15.7.2010 but before
30.9.201 o·.It was submitted that the delay was not attributable
either to the petitioner college or DCI or the Central
Government; and that on the facts and circumstances of the
case, the Central Government and the DCI have no objection
for grant of the relief prayed by the petitioner.
G
Issue of Propriety
1O. But the question that arises for consideration is,
whether on such concession, or by mutual consent, the relief
H sought in the petition should be granted. The matter involves
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 959
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.]
issues of propriety and violation of the constitutional scheme A
relating to separation of powers and independence of judiciary.
First is whether it was proper for the Ministry to issue an order
granting renewal of permission with a condition that petitioner
should seek approval of its order from this Court, so as to
'regularize' its order. Second is whether it would be proper for B
this court to 'approve' the Central Government's order granting
renewal of permission, as a part of the 'decision making
process' so as to 'regularize' the delay in making the order. The
executive power of the Central Government to grant permission
or renewal of permission under section 1OA of the Act, is not C
subject to the control or supervision of this Court, nor subject
to confirmation or approval by this Court. The Central
Governmen't is bound to consider and pass orders granting or
refusing permission in terms of section 1OA of the Act, taking
note of the recommendations of DCI, by following the procedure o
prescribed by the Act and DCI regulations. Neither this court,
nor any other court, has any role to play in the decision making
process relating to grant or refusal of permission under the Act,
by the Central Government.
11. A stipulation by an authority entrusted with the power E
to consider and grant permissions/recognitions, while granting
such permission/recognition, that the applicant should seek and
obtain an order from a court, approving the grant of such
permission/recognition, as a condition precedent to give effect
to such grant, would be improper and irregular. It amounts to F
failure to take responsibility or shirking the responsibility in
exercising the power in accordance with the Act and the
Regulations. Further, such a requirement by the executive,
amounts to attempting to make the judiciary a. part of the
decision making process by the executive. Judiciary has no role G
to play under the Act or Rules in granting permission or renewal
of permission. The power of judicial review is not intended to
be exercised to grant 'advance rulings of administrative
approvals' to validate executive orders. Neither Central
H
960 SUPREME COURT REPORTS [2011) 2 S.C.R.
A Government, nor the DCI, can shift the onus of decision making
to the courts, blurring and obliterating the line of separation
between the executive and the judiciary. Any attempt by the
executive authority to provide itself a protective cover against
challenges or c~iticism to its action, by 'passing the buck' to
B the Judiciary in regard to final decisions, should be resisted and
avoided. The orders of the Central Government granting or
refusing permission are subject to judicial review at the instance
of any affected party, and the same cannot be pre-empted by
making the Supreme Court a party to the decision making
c process of the executive. We are therefore of the view that it
was not proper for the Ministry of Health and Family Welfare
(Dental Education Section), Government of India, (for short 'the
Ministry') to stipulate a condition while granting renewal of
permission for the BOS Course, that the "order is subject to
the condition that the institute obtains the orders of Supreme
0
Court to the effect that such permission would not violate the
earlier order of the Hon'ble Supreme Court to the effect that
15th July would be last date for grant of such permission in
the relevant academic year." Such a condition requiring
E approval of this Court is liable to be quashed.
On merits
12. It is necessary to refer to certain aspects of grant of
permissions to avoid confusion, unnecessary delays and
F litigation. In Mridul Dhar, this Court primarily dealt with the time
schedule for completion of admission process for medical and
dental colleges. Mridul Dhardid not provide any time schedule,
much less 15th July as the last date, for issue of letters of
permissions or renewal of permissions by Central Government
to Dental Colleges. Para 28 of the decision in Mridul Dhar
G referring to a time schedule stipulating 15th July as the last date
for issue of letters of permission by Central Government does
not relate to dental colleges nor to permissions/renewal of
permissions to dental colleges. The said time schedule is not
even a direction of this Court, but is only an extract from the
H
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 961
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.]
Medical Council of India Establishment of Medical College A
Regulations, 1999 applicable only to medical colleges. This
Court in Mridul Dhar howe·1er clearly directed that the Central
Government should strictly adhere to the time schedule
wherever provided for. This Court stated :
B
"Having regard to the professional courses, it deserves to
be emphasized that all concerned including Governments,
State and Central both, MCl/DCI, colleges - new or old,
students, Boards, universities, examining authorities, etc., ·
are required to strictly adhere to the time schedule C
wherever provided for, there should not be midstream
admissions; admissions should not be in excess of
sanctioned intake capacity or in excess of quota of
anyone, whether State or management. The carrying
forward of any unfilled seats of one academic year to next
academic year is also no permissible." D
[emphasis supplied)
13. In view of the directions in Mridul Dhar, DCI in
consultation with the Central Government, provided a time E
schedule, while making the Dental Colleges' of India
(Establishment of New Dental Colleges, Opening of New or
Higher Course of Study or Training and Increase of
Admission Capacity in Dental Colleges) Regulations, 2006
(for short 'DCI Regulations'). As per the DCI Regulations, the
last date for grant of permissions and renewal of permissions F
by Central Government is 15th July. We may refer to relevant
provisions of the DCI Regulations. ·
13.1 Regulation 4. of DCI Regulations relates to
submission of proposals/schemes for establishing new dental G
colleges and it is extracted below:
"4.· Proposals or schemes for.establishing a new dental
college, or opening a new or higher course of study or
training or increasing the admission capacity, in the H
962 SUPREME COURT REPORTS [2011] 2 S.C.R.
A dental college:-
(1) The proposals or schemes for establishing a new
dental college, or opening a new or higher course of study
or training or increasing the admission capacity, in the
dental college, as the case may be, shall be made or
B
submitted to the Central Government for obtaining its
permission under the Act in the Form. I, Form 2 and Form
3, respectively, annexed to these regulations.
(2) The scheme or the proposal under sub-regulation (1)
c and, processing thereof shall be submitted within the
time- schedule as provided in the Schedule annexed to
these regulations."
The schedule annexed to the regulations, referred to in
D Regulation 4(2) prescribing the time schedule for grant of
permissions, is extracted below:
SCHEDULE
[(see regulation 4(2)]
E
Schedule for Receipt of Applications for Establishment of
New Dental Colleges, Opening of Higher Courses of Study
& Increase of admission capacity in the recognized Dental
Colleges and processing of the applications by the Central
Government and the Dental Council of India.
F
s. Stage of Time Schedule Time Schedule
No. Processing for BOS for MOS
1 Receipt of applica- From 1st Aug. From 1st May to
G tions by the Central to 30th 30th June (both
Govt September (both days inclusive) of
days inclusive) of any year
any year
2 Forwarding of app- Upto 31st Upto 31st July
lications by the December
H
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 963
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.]
Central Govern- A
ment to the Dental
Council of India for
technical scrutiny
3 Recommendation Upto 15th June Upto 28th
of DCI to the Central February 8
Government
4 Issue of Letter of Upto 15th July Upto 31st March
Permission by
Central Government
c
Note: (1) : If any clarification is ·sought by the Central
Government on the recommendation of the Council, the
same will be furnished by the Council forthwith, if
necessary, after conducting inspection.
D
(2) The time-schedule indicated above may be modified
by the Central Government, for reasons to be recorded in
writing, in respect of any class or category of applications."
I 13.2. Rule 10 relating to grant of permission to establish
a dental college and Rule 11 relating to renewal of permission E
to a dental college, are extracted below :
"10. Grant of Permission to establish a dental college:
(1) The Central Government may, after considering the
scheme submitted under regulation 7 in terms of Section F
1OA of the Act and the recommendations of the Council
thereon, issue a Letter of Intent to grant permission to
establish a dental college subject to such conditions or
modifications in the original proposal as it may consider
necessary. The formal permission will be granted by the G
Central Government after the conditions stipulated and the
modifications suggested are accepted by the applicant and
a performance bank guarantee from a Scheduled
·commercial bank valid for the entire duration of the course
in favour of the Council is furnished as follows x x x x x H
964 SUPREME COURT REPORTS [2011] 2 S.C.R.
A (3) The formal permission will include conditions for
fulfillment of a time bound programme and achieving of
annual targets commensurate with the initial intake of
students for the establishment of a dental college.
(4) The permission under sub-regulation (1) to establish a
B
new dental college will be granted for a period of one year
and will be renewed on yearly basis subject to verification
of the achievement of annual targets and revalidation, if
necessary, of the performance bank guarantee."
c 11. Renewal of Permission
(1) Admissions of the next batches shall not be made by
the dental college unless the permission granted under
regulation 10 has been renewed by the Central
D Government.
(2) The application for renewal of permission shall be
submitted to the Council, with a copy to the Central
Government, six months prior to the expiry of the current
academic session. The recommendation of the Council in
E all cases of renewal shall be made by 15th June and the
Central Government shall issue final orders regarding
renewal of permission by 15th July of each year.
Provided that the process of renewal of permission will not
F be applicable after the completion of phased expansion
of the infrastructure facilities and teaching faculty as per
norms laid down by the Council and the first batch of
students take the final year examinations."
(emphasis supplied)
G
14. Regulation 11(2) clearly lays down a time schedule for
the submission of applications for renewal of permission (six
months prior to the expiry of the current academic session), for
recommendation by DCI (15th June) and for issue of final
H orders by Central Government regarding renewal of permission
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 965
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.]
(15th July). Though, the DCI Regulations provide that the last A
date for issue of letter of permission or renewal of permission
by the Central Government is 15th July, having regard to the
scheme relating to grant of renewal of permission and note (2)
to the schedule, the Central Government has the discretion to
modify the time schedule in appropriate cases, for reasons to B
be recorded, in respect of any class or category of applications.
15. If the Central Government was of the view that a dental
college deserved renewal of permission in accordance with the
Act and Regulations, it should grant such permission. If it was C
of the view that the dental college did not deserve renewal of
permission, it should refuse the permission. If the Central
Government felt that the last date for granting renewal of
permission was over and there was no justification for extending
the time schedule, it could refuse the renewal of permission on
that ground. On the other hand, if the Central Government was D
of the view that the applicant college had complied with the
requirements and was not at fault, and it was not responsible
in any manner for the delay in considering the application, and
there were other applicants of similar nature, it could have
recorded those reasons in writing and extended the time E
schedule for that category of applicants anG then granted the
renewal of permission, provided the last date for admissions
had not expired. Note (2) to the schedule to the DCI Regulations
enables the Central Government to modify the time schedule,
for reasons to be recorded in writing, in respect of any class F
or category of applications. Applicants for renewal of
permission for the fourth or fifth year, where there is compliance
with the requirements relating to infrastructure, equipment and
faculty, could be such a class or category of applications.
Similarly, applications where High Courts have directed G
consideration beyond 15th July in view of special
circumstances, can also constitute a class or category of
applicants.
16. Though we have rejected the prayer for 'approval' of
H
966 SUPREME COURT REPORTS [2011) 2 S.C.R.
A the order of the Central Government, sought in the writ petition,
we are of the view that the petitioner is entitled to a suitably
moulded relief. As noticed above, the delay was beyond the
control of DCI and the Central Government. The petitioner
college was also not responsible for the delay in applying for
B renewal of permission. The last date for admissions had not
yet expired. The order was passed on the direction of the High
Court to reconsider the matter. There were several other similar
cases pending before the Central Government. All those
applications for renewal of permission, which were directed to
c be reconsidered by the High Court could be considered to be
a special category of applications where the Central
Government had modified the time schedule for grant of
renewal of permissions under Note (2) to the schedule to the
DCI Regulations. By so deeming, the order of the Central
Government dated 17.8.2010 granting renewal of permissions
0
in this case and other similar cases can be considered as
having been validly made.
The connected cases
E 17. In the connected cases, the Central Government has
passed similar conditional orders granting renewal of
permission to other petitioner dental colleges, in regard to
either fourth or fifth year of BOS course. The conditional
renewals of permission were granted in September 2010,
F except in WP(C) No.334 of 2010 where it was passed on
23.7.2010. The petitioners therein are entitled to similar relief
as in the first matter.
A suggestion for modification of time schedule
G 18. In all these cases, the petitioners, who were applicants
for renewal were existing dental colleges, were functioning for
three or four years and each college had admitted hundreds
of students either directly or through State Government
allotment. The colleges had the benefit of initial permission and
H several renewals of permission. Refusal of renewal of
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 967
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.]
permission in such cases should not be abrupt nor for A
insignificant or technical violations. Nor should such applications
be dealt in a casual manner, by either granting less than a week
for setting right the 'deficiencies' or not granting an effective
hearing before refusal. The entire process of verification and
inspection relating to renewal of permission, should be done B
well in time so that such existing colleges have adequate and
reasonable time to set right the deficiencies or offer
explanations to the deficiencies. The object of providing for
annual renewal of permissions for four years, is to ensure that
the infrastructural and faculty requirements are fulfilled in a c
gradual manner, and not to cause disruption.
19. In the context of what has happened in these cases, it
is necessary to emphasize the distinction between the
applications for fresh permissions and applications for renewal
of permissions. They require distinct time schedules. The D
process of decision making under the Regulations, for grant of
fresh or initial permission for establishment of new dental
colleges is exhaustive and elaborate, when compared to the
process of decision making in regard to grant of renewal of
permission for the four subsequent years. Before grant of initial E
grant of permission, the DCI and Central Government are
required to consider the following aspects : whether the
institution would be in a position to offer the minimum standards
of dental education in conformity with the Act and the
· Regulations; whether the institution has adequate resources; F
whether the institution has provided or will provide within the
time-limit specified in the scheme, necessary staff, equipment,
accommodation, training and other facilities to ensure proper
functioning of the institution; whether the institution has provided
or would provide within the time-limit specified in the scheme, G
adequate hospital facilities; whether faculty having recognized
dental qualifications and personnel in the field of practice of
dentistry will be available to impart proper training for the
students; and whether other factors prescribed by the
Regulations have been complied. On the other hand, for the H
968 SUPREME COURT REPORTS [2011] 2 S.C.R.
A purpose of grant of renewal of permission, DCI has to make
recommendations by considering only whether the prescribed
faculty and infrastructure are available.
20. The need for renewal of permission emanates from the
B fact that a newly established college is not required to have in
place, full complement of the teaching faculty and complete
infrastructure in the first year itself. This is because, during the
first year, the college will be catering only to a limited number
of first year students. During the second, third and fourth and
fifth years, the student strength will increase. If the permitted
C intake is 100, usually there will be 100 students in the first year,
200 students in the second year, 300 students in the third year,
400 students in the fourth year and 500 students in the fifth year.
Thereafter, the strength may remain constant. As the strength
increases gradually every year, correspondingly the
D infrastructure and faculty will have to be increased. The DCI
Regulations contemplate new dental colleges being established
and started with limited infrastructure and faculty, and making
"provision for expansion of teaching staff and infrastructure
facilities in a phased manner as per Annexures Ill and IV to the
E regulations" [vide Regulation 60)]. For example, the dental
chairs required in a college will be as under [vide Regulation
6(k)] :
Year Intake Intake
F (50) (100)
First Year 20 25
Second Year 50 100
G
Third Year 100 200
Fourth Year & Internship 125 250
H
PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. 969
UNION OF INDIA & ORS. [R.V. RAVEENDRAN, J.]
Similarly, the college is required to increase the faculty A
strength gradually over the second and third years so as to
achieve the required dental faculty strength by the third year
as under [vide Annexure-111 to the DCI Regulations] :
Year Total posts required B
Professors Readers Lecturers
100 50 100 50 100 50
intake .intake intake intake intake intake
First year 2 2 3 2 16 10 c
Second year 4 3 5 4. 30 20
Third year 6 6 13 11 40 30
D
21. In view of the fact that the inspection and verification
in regard to renewal of permission for the second, third, fourth
and fifth years will be restricted only to the consideration of the
additional faculty and additional infrastructure, it may not be
necessary to apply the lengthy time schedule prE;!scribed for E
initial permission, to renewal of permissions during the next
four years. The DCI Regulations presently contemplate almost
similar time schedules in regard to applications for
establishment of new.dental colleges, for opening of higher
courses of study, for increase of admission capacity, and for F
. renewal of permissions, with 15th July being the last date both
for grant of permission or renewal of permission. DCI and
. Central Government may consider amendment to the DCI
. Regulations suitably to provide for a shorter and distinct time
schedule for renewal of permissions, so thafthe dental colleges G
could file applications till end of February and the process of
· grant or refusal of renewal is completed by 15th of June.
Conclusion
22. In view of the above, these writ petitions are allowed H
970 SUPREME COURT REPORTS [2011] 2 S.C.R.
A as follows :
(a) The condition imposed by the Central Government
(requiring the dental colleges to secure appropriate
orders from this court approving the renewals of
permission) in the letters of renewal of permission
B
issued to the petitioners in July/August/September,
2010, is quashed;
(b) It is however declared that the renewal of
permissions issued by Central Government to the
C petitioners for the academic year 2010-2011, are
valid.
N.J. Writ Petitions allowed.
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