A. Muhamed Mustaque, J. - (1.) THESE writ petitions are filed by existing Dental Colleges having recognition of the Dental Council of India (hereinafter, referred to as the "DCI"), aggrieved by the action of the DCI in not allowing them to admit their students for the academic year 2015 -2016 on account of deficiencies exist in the Colleges.
(2.) THERE are common issues to be considered in both the writ petitions. Therefore, it is appropriate to dispose both these cases by a common judgment. Facts W.P. (C) No. 21267/2015 This writ petition is filed by AL -Azhar Dental College. This Dental College was established in the year 2007. The first batch of the students passed out in the year 2012. Therefore, the Government of India issued a Notification under Section 10(2) of the Dentists Act, 1948 (hereinafter referred to as "the Act") declaring recognition of the Dental Degree awarded by the M.G. University to which the petitioner's institution was affiliated. 3.i. The petitioner's College has been affiliated with the Kerala University of Health Sciences from the year 2009 onwards. This was necessitated on account of the enactment of the Kerala University of Health Sciences. By virtue of Section 74(3) of the Kerala Health University Act, all the Colleges/Institutions imparting education in Health and Allied Sciences deemed to be affiliated to the Kerala University of Health Sciences. Based on the recognition awarded to the petitioner, they applied for enhancement of seats from 50 to 100. This was granted in the year 2014. However, the petitioner could not admit 100 students on account of delay in issuing Letter of Permission (LOP) by the Government of India. 3.ii. The petitioner's Institution was inspected by a team constituted by the DCI in the month of March, 2015. This was done as a part of renewal of the Central Government permission. The Inspection team found out certain deficiencies with the Institution. The petitioner was asked to cure the defects as per Ext. P. 4 dated 7.4.2015. The petitioner claims that they have cured the defects. It appears that another joint inspection was conducted and found out the deficiencies exist. Therefore, by Ext. P. 6 dated 15.6.2015, the petitioner was communicated that they shall not admit 50 students for the academic session 2015 -2016. By Ext. P. 7, the petitioner was also communicated that the Council recommended to the Central Government "not to renew" the 2nd year BDS Course with increased intake capacity from 50 to 100 for the academic session 2015 -2016. The petitioner challenges Exts. P. 6 and P. 7. W.P. (C) No. 22748/2015
(3.) THIS writ petition is filed by the Director of the Pariyaram Dental College. This Dental College was established in the year 2004 with an annual intake of 60 admissions. In the month of March, 2015, an inspection was conducted in the petitioner's College. The inspection team pointed out certain deficiencies in the College. The petitioner, thereafter, submitted a compliance report on 20.4.2015. Again, an inspection was conducted to verify compliance and a report was placed before the DCI. Based on the report, the DCI recommended the Government of India not to allow the Pariyaram Medical College, Kannur with 60 seats for the academic session 2015 -2016.;