Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1948 Dentists Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dentists Act, 1948 (16 of 1948) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Dentists Act, 1948 - s. 10A - Renewal of permission for the BOS Course for the academic year - Ministry issuing order granting renewal of permission for the fourth year of the BDS Course for the academic year with a condition that Dental College should seek approval of its order from Supreme Court, so as to 'regularize' its order Propriety of. Held: Is improper and irregular - Executive power of the Central Government to grant permission or renewal of permission u/s. 10A, is not subject to control/supervision or confirmation/approval by Supreme Court - Such a requirement by the executive, amounts to attempting to make the judiciary a part of the decision making process by the executive - Power of judicial review is not intended to be exercised to grant 'advance rulings or administrative approvals" to validate executive orders - It would not be proper for Supreme Court to 'approve' the Central Government's order granting renewal of permission as part of the 'decision making process' so as to 'regularize' the delay in making the order. Condition imposed by the Central Government requiring the dental colleges to secure appropriate orders from SupremeĀ· Court approving the renewals of permission quashed - However, renewal of permissions issued by Central Government to the petitioners for the academic year 2010-2011, are valid - Suggestion given for modification of time schedule for renewal of permission - Administrative law - Education/Educational institutions. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 128 |
Petitioner | Priya Darshni Dental College & Hospital |
Respondent | Union Of India & Ors. |
SCR | [2011] 2 S.C.R. 945 |
Judgement Date | 2011-02-15 |
Case Number | 319 |
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