LexPRIYA DARSHNI DENTAL COLLEGE & HOSPITAL versus UNION OF INDIA & ORS.
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[2011) 2 S.C.R. 945 PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 319 of 2010) FEBRUARY 15, 2011 [R.V. RAVEENORAN ANO A.K. PATNAIK, JJ.) Dentists Act, 1948 - s. 1 OA - Renewal of permission for A B 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. 1 OA, 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 8 24.02.2010 for renewal of the permission for the fourth 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 Government to grant permission or renewal of permission under Section 1 OA of the Dentists Act, 1948, is not subject B 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
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