LexSWAMY DEVI DAYAL HOSPITAL & DENTAL COLLEGE versus THE UNION OF INDIA & ORS.
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[2013] 14 S.C.R. 105 SWAMY DEVI DAYAL HOSPITAL. & DENTAL COLLEGE A v. THE UNION OF INDIA & ORS. (Special Leave Petition (Civil) No. 25698 of 2013) AUGUST 27, 2013 [K.S.RADHAKRISHNAN AND A.K.SIKRI, JJ.] B Education - Medical education - Dental Council of India Act, 1948 - s.10A - MOS (Master of Dental Surgery) - Specialist Courses - Permission for - Renewal of permission C - Applicability of s.10A - Held: No doubt, heading of s. 10A suggests that it deals with "permission for establishment of new dental college, new courses of study, etc.''. however, it applies to cases of renewal of permission as well - s. 1 OA contemplates grant of opportunity of being heard at two stages D - First stage is at the level of Dental Council of India (DC/) after the scheme is submitted to DC/ u/s.10A(2) - Once it is found by the DC/ that all the parameters for granting permission are met, it recommends the grant of approval of the scheme to the Central Government - Jn case scheme is E found to be deficient, s.10A(3)(a) casts an obligation on the part of the DC/ to give a reasonable opportunity for making a written representation and also to rectify the deficiencies, if any, specified by the DC/ - Second stage of adherence to the principles of natural justice is provided at the level of Central F Government at the time when it has to take final decision, after the receipt of the recommendation sent by the DC/ - This requirement of hearing is stipulated in proviso to s.10A(4), in the event the Central Government is proposing to disapprove the scheme - Expression "opportunity of being heard" G occurring in this proviso would mean that the material that goes against the applicant and is to be taken into consideration, is, to be supplied to the applicant within an opportunity to make representation - For this purpose either 105 H 106 SUPREME COURT REPORTS (2013] '14 S.C.R. A the report of the DC/ itself can be supplied or at/east the deficiencies pointed out in the report have to be communicated by the Central Government to the applicant with an opportunity to furnish its comments thereupon - At that stage while giving its reply, if the applicant claims personal B hearing, such a personal heaing should also be accorded - Natural Justice - Opportunity of hearing. Education - Medical education - Dental Council of India Act, 1948 - s.10A - MOS (Master of Dental Surgery) - C Specialist Courses - Permission for - Renewal of permission - Academic session 2013-14 - Permission declined to Petitioner-college for renewal of the second year MOS course in two specialties - Justification - Held: Since no opportunity of being heard in terms of the requirement of proviso to sub- section (4) of s.10A of the Act was afforded to the petitioner, D the decision of the Central Government rejecting the request of renewal warrants to be set aside on this ground alone ,- However, notwithstanding the position in law which goes In favour of the petitioner, in view of the other circumstances in the case, no relief can be given to the petitioner as claimed E by it insofar academic session 2013-2014 is concerned - It is not possible to put the clock back - However, the case can be considered for renewal of permission for the next academic session - For this, hearing be given to the petitioner to demonstrate that they have overcome the deficiencies and F they no longer exist - If the Central Government is satisfied on these aspects, it may grant renewal of permission for the next academic session 2014-15 - In case renewal of permission is rejected, the petitioner will have to undergo the process of seeking fresh permission for next academic G session i.e. 2014-15 by submitting fresh scheme/proposal to the DC/ for that year, as per the procedure prescribed in the Act & Regulations. The petitioner, a Dental College recognized and H affiliated to Respondent No.4 University, was desirous of SWAMY DEVI DAYAL HOSPITAL & DENTAL 107 COLLEGE v. UNION OF INDIA starting the MOS (Master of Dental Surgery) Course. A Respondent No.3-State of Haryana granted NOC to the petitioner for starting MOS Course in 9 specialties from the session 2010-11. Thereafter, Respondent No.4 - University granted provisional affiliation to the petitioner- college for 6 out of 9 specialties for academic session 8 2011-12. Respondent No.1, i.e. the Central Government also, on the recommendations of Respondent No.2/ Dental C
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