SWAMY DEVI DAYAL HOSPITAL & DENTAL COLLEGE versus THE UNION OF INDIA & ORS.

SWAMY DEVI DAYAL HOSPITAL & DENTAL COLLEGE versus THE UNION OF INDIA & ORS.

The Central Government is required under Section 10A and its proviso to afford a reasonable opportunity of being heard at two stages, including during renewal of college/course permissions, and the order declining renewal without such opportunity must be set aside; however, relief for the current academic session cannot be granted as the session has already commenced.

Parties
Petitioner: Swamy Devi Dayal Hospital & Dental College; Respondent: Union of India; Respondent: Dental Council of India; Respondent: State of Haryana; Respondent: Pt. B.D. Sharma University
Jurisdiction
India
Judgment Date
27 August 2013
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Outcome
SLP disposed of; Central Government's order dated 30th March 2013 rejecting renewal is set aside; relief not granted for 2013-14 academic session; case remitted for consideration for 2014-15 academic session.
Legal Topics
Medical Education, Dental Education, Natural Justice, Administrative Decision Making, Dental Council of India Act
Education Law Administrative Law Medical Education Dental Education Natural Justice Administrative Decision Making Dental Council of India Act

Case Brief

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Parties

Swamy Devi Dayal Hospital & Dental College

Petitioner

Union of India

Respondent

Dental Council of India

Respondent

State of Haryana

Respondent

Pt. B.D. Sharma University

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether Section 10A of the Dental Council of India Act, 1948 applies to renewal of permission for specialist courses
  2. 2 Whether the Central Government is required to afford an opportunity of hearing under proviso to Section 10A(4) when disapproving renewal schemes

Ratio Decidendi

The Central Government is required under Section 10A and its proviso to afford a reasonable opportunity of being heard at two stages, including during renewal of college/course permissions, and the order declining renewal without such opportunity must be set aside; however, relief for the current academic session cannot be granted as the session has already commenced.

Court Disposition

SLP disposed of; Central Government's order dated 30th March 2013 rejecting renewal is set aside; relief not granted for 2013-14 academic session; case remitted for consideration for 2014-15 academic session.

Orders

  • Impugned orders rejecting renewal are set aside.
  • Case remitted to Central Government to reconsider renewal for 2014-15 after affording hearing to petitioner.