DCI

Dental college renewal of permission = For granting renewal of permission for the aforesaid 2 specialties i.e. Oral and Maxillofacial Surgery and Orthodontics and Dentofacial Orthopedics with three seats each for the academic session 2013-14, the DCI conducted the inspection of the petitioner-college on 8.12.2012 and 9.12.2012. – According to the petitioner, though it was not supplied the copy of the report dated 18.2.2013 but could procure the same and on coming to know of the aforesaid negative recommendation dated 28.2.2013 of the DCI impressing upon Respondent No.1 not to accord permission in these two specialties for the current academic session, the petitioner made a representation to Respondent No.1 and along with the said report it also submitted a comparative statement of the deficiencies. The petitioner also requested for personal hearing. However, without affording any hearing, a decision was taken by the Central Government vide letter dated 30th March 2013, addressed to the petitioner, whereby the permission was declined for renewal of the second year MDS course in the two specialties mentioned above.= Section 10A (4) of the Act, as below: (a) Section 10A applies to the cases of renewal of permission as well; (b) It contemplates grant of opportunity of being heard at two stages. First stage would be at the level of DCI after the scheme is submitted to DCI under sub-section (2) of Section 10A of the Act. Once it is found by the DCI that all the parameters for granting permission are met, it recommends the grant of approval of the scheme to the Central Government. In case Scheme it is found to be deficient, sub-section (3) (a) of Section 10A of the Act casts an obligation on the part of the DCI to give a reasonable opportunity for making a written representation and also to rectify the deficiencies, if any, specified by the DCI. Second stage of adherence to the principles of natural justice is provided at the level of Central Government at the time when it has to take final decision, after the receipt of the recommendation sent by the DCI. This requirement of hearing is stipulated in proviso to sub-section (4) of Section 10A, in the event the Central Government is proposing to disapprove the scheme. (c) The expression “opportunity of being heard” 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 the report of the DCI itself can be supplied or atleast 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 hearing, such a personal heaing should also be accorded. 27. As in the present case, since no such opportunity of being heard the requirement of proviso to sub-section (4) of Section 10A of the Act was not afforded to the petitioner, the decision dated 30th March 2013 of the Central Government warrants to be set aside on this ground alone. 28. Notwithstanding the aforesaid discussion clarifying the position in law on this aspect which goes in favour of the petitioner, other circumstances appearing in this case desist us from giving the relief to the petitioner that is claimed by it in so far academic session 2013-2014 is concerned. The effect of the aforesaid view taken by us would be to set aside the orders dated 30th March 2013 passed by the Central Government rejecting the request of renewal. However, from that it would not automatically follow that direction can be issued to the Central Government to accord such a permission. This Court could only remit the case to the Central Government to pass appropriate orders after giving hearing to the petitioner. However, it is too late for the Central Government to re-examine the issue for the current academic session. Fact remains that as per the report of the DCI, there are deficiencies. Deficiencies are not limited to the number of minor and major surgeries which are required to be performed by a College for second renewal. = we are of the view that in so far as the academic session 2013-14 is concerned, it is not possible to put the clock back. Thus, while setting aside the impugned orders and remitting the case back to the Central Government for taking fresh decision, we make it clear that it would not relate to the academic session 2013-14. However, the case can be considered for renewal of permission for the next academic session on the basis of existing material. For this, hearing should be given to the petitioner to demonstrate that they have overcome the deficiencies and they no longer exist. If the Central Government is satisfied on these aspects it may grant renewal permission for the next academic session 2014-15. In case the renewal of permission is rejected, the petitioner will have to undergo the process of seeking fresh permission for next academic session i.e. 2014-15 by submitting fresh scheme/proposal to the DCI for that year, as per the procedure prescribed in the Act & Regulations. 31. The Special Leave Petition is disposed of in the above terms. No costs.

published in      http://judis.nic.in/supremecourt/imgst.aspx?filename=40701  [REPORTABLE] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETTIION (Civil) No. 25698 OF 2013 Swamy Devi Dayal Hospital & Dental College …Petitioner   Vs. The Union of India & Ors. … .Respondents   J U D G M E N T A.K.SIKRI,J.   1. The petitioner … Continue reading →