RAJIV GANDHI COLLEGE OF DENTAL SCIENCES BANGALORE Vs. REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES BANGALORE AND

JUDGEMENT

(1.) RELYING upon the Government Order dated 20-8-1996, Annexure-G, and Government Order dated 21-11-1996, Annexure-G1, the appellants herein filed a writ petition praying for issuance of direction to the respondent-University for granting affiliation under the provisions of the Rajiv gandhi University of Health Sciences Act, 1995 (hereinafter referred to as the 'act' ). The writ petition was disposed of by the learned Single Judge vide the order impugned in this appeal with the following observations and directions: " (a) The first part of the prayer (seeking a direction to first respondent-University to issue necessary orders in term of the recommendations of the State Government) is disposed of recording the submission of Sri A. V. Srinivasa Reddy, learned Counsel for the first respondent-University, that if and when application is made by the petitioner for affiliation for 1996-97, it will be considered expeditiously and in terms of the Government order recommending affiliation (subject to the clarification that unless there is previous permissions of the Central Government, the University cannot permit the students of petitioner-college to participate in the examinations conducted by the University) is recorded. (b) The second part of the prayer that no other order is necessary for approval of admissions of 1996-97 is rejected. (c) Though there is no main prayer in regard to the students admitted to the academic year 1996-97, there is an interim prayer seeking direction to the first respondent to approve the admissions of the students (1996-97 ). It is open to the petitioners to approach the first respondent-University, after making an application for affiliation, to expedite grant of affiliation. It is also open to the petitioners, if so advised, to approach the Dental Council of India and central Government for grant of previous permission under Section 10-A of Dentists Act, expeditiously, so that the students admitted for the academic year 1996-97 on the basis of Dental councils letter dated 12-7-1996 will not be put to any hardship. It is made clear that these observations shall not be construed as creating or recognising any right either in the petitioners or in the students to claim any relief on the basis of these observations alone. (d) The petitioners are also permitted to approach the Bangalore University for refund of the amount of Rs. 80,000/- paid towards affiliation or for transfer of the amount to the first respondent-University".

(2.) THE order of the learned Single Judge has been challenged on the ground that the learned single Judge failed to appreciate the submissions made on behalf of the appellants that the effect of the recommendations made by the Government of Karnataka granting permission and recommending grant of affiliation by the University concerned at the relevant time in favour of the appellants was conclusive and binding and not contrary to provisions of Sections 5 and 43 of the Act. The learned Single Judge is alleged to have wrongly widened the scope of inquiry. It is submitted that the appellants were not under any obligation to make a fresh application to the university for seeking affiliation for the year 1996-97 or for subsequent years. The appellants claim that they were not required to seek approval from the Dental Council of India (DCI) or the central Government for admission of 1996-97. The question of seeking prior permission from the Central Government was claimed to be the subject-matter of rival contentions between the parties which stood adjudicated by the Apex Court. The findings returned by the learned Single judge have been termed to be unworkable so far as appellants-college was concerned. Section 10a of the Dentists Act, is claimed to be not applicable in the case of the appellants-college. According to the appellants the learned Single Judge ought to have held that the respondent 1 was bound to continue affiliation already granted by the respondent 2 in terms of Government orders relied upon and produced in the petition as Annexures-G and G1. The Dental Council of india is stated to have granted permission to the appellants under the old Dentists Act as the appellants-college did not come under the purview of Section 10a of the Dentists Amendment act 1993. The State Government is stated to have permitted the appellant-college to run the college from the year 1992-93.

(3.) THE necessary facts leading to the filing of the writ petition and this appeal as stated by the appellants are that the appellants-college was established in the year 1992 and was running the bds Course in accordance with the permission granted by the Dental Council of India with an intake capacity of 60 students per year. It was submitted that the State Government had given permission to the appellants-college in accordance with the direction of this Court in W. P. No. 22595 of 1994 dated 25-11-1994 and the Hon'ble Supreme Court in SLP No. 8437 of 1995 dated 16-8-1995. The appellants-college is claimed to have been affiliated to Bangalore University and was required to be deemed affiliated to the Rajiv Gandhi University of Health Sciences, karnataka, in terms of the provisions of sub-section (3) of Section 5 of the Act which came into force on 1st June, 1996. The State Government is stated to have conveyed its approval for the grant of affiliation to the appellant-college from the year 1992-93 vide its order dated 11-10-1995. The said order is stated to have been passed as per directions of this Court and the hon'ble Supreme Court of India. Vide notification dated 30-1-1996, the 2nd respondent is claimed to have issued notification dated 30-1-1996 granting renewal of affiliation to the appellants-college from the years 1993-94, 1994-95 and 1995-96. The respondent-University thereafter collected the annual affiliation fee for the year 1996-97 from the appellants-college as is evident from the receipt dated 2-8-1996. They further demanded annual affiliation fee for the year 1997-98. The State Government is claimed to have issued Government orders annexed with the writ petition as G and G1. The respondent 1 vide its letter dated 3-5-1997 Annexure-K is stated to have informed the appellants that it was only an affiliated college of Bangalore university for specified periods and was never affiliated permanently to Bangalore University in accordance with the provisions of Section 53 (6) of the Karnataka State Universities Act, 1976. Vide letter dated 3-5-1997 Annexure-K the respondent 1 declared that the Government by its order dated 21-11-1996 had only fixed the intake of the college for the year 1996-97 and not the affiliation of the college. It is submitted that the respondent 1 has wrongly interpreted State universities Act to the detriment of the appellants. The refusal to approve the admission of the appellant-college by respondent 1 is stated to be a deliberate attempt to spoil the name and reputation of the college. The State Government is also claimed to have allotted CET students to the appellants-college for the year 1996-97 after fixing the intake capacity.