PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL versus UNION OF INDIA & ORS.

PRIYA DARSHNI DENTAL COLLEGE & HOSPITAL versus UNION OF INDIA & ORS.

The condition imposed by the Central Government requiring dental colleges to obtain Supreme Court approval for renewal of permission was improper and irregular; the renewal of permission for the academic year 2010-2011 was valid; the executive power under Section 10A of the Dentists Act is not subject to judicial control, and the executive cannot shift or abdicate its statutory functions to the judiciary.

Parties
Petitioner: Priya Darshni Dental College & Hospital; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
15 February 2011
Procedural Posture
Writ Petition (civil) / Judgment on Writ Petition
Outcome
Writ petitions allowed
Legal Topics
Renewal of Permission for Dental College, Judicial Review of Executive Action, Time Schedule for Permission Under Dentists Act, 1948
Administrative Law Education Law Renewal of Permission for Dental College Judicial Review of Executive Action Time Schedule for Permission Under Dentists Act, 1948

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Parties

Priya Darshni Dental College & Hospital

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Judgment on Writ Petition

Legal Issues

  1. 1 Whether the Central Government can impose a condition requiring approval of Supreme Court for renewal of permission for dental colleges under Section 10A of the Dentists Act, 1948
  2. 2 Whether time schedule for grant of permission/renewals for dental colleges can be modified by executive order
  3. 3 What is the propriety of executive orders shifting decision-making on permissions to the judiciary

Ratio Decidendi

The condition imposed by the Central Government requiring dental colleges to obtain Supreme Court approval for renewal of permission was improper and irregular; the renewal of permission for the academic year 2010-2011 was valid; the executive power under Section 10A of the Dentists Act is not subject to judicial control, and the executive cannot shift or abdicate its statutory functions to the judiciary.

Court Disposition

Writ petitions allowed

Orders

  • The condition imposed by the Central Government requiring dental colleges to secure orders from Supreme Court approving the renewals of permission is quashed.
  • It is declared that the renewal of permissions issued by Central Government to the petitioners for the academic year 2010-2011 are valid.