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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Dentists Act, 1948 – ss. 10A & 20 – Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 – r. 6(2)(h) – Power to make regulations – Permission for establishment of dental college was denied to the respondent no.1 – Respondent no. 1 submitted fresh application which was returned by the respondent no. 2 on the grounds that the application was not in compliance with the amended Regulation 6(2)(h) of the Regulations – Single Bench of the High Court dismissed the writ petition filed by the respondent no. 1 challenging the rejection order of its application – However, Division Bench of High Court allowed the writ petition by striking down the impugned notification dated 21 May, 2012 amending regulation 6(2)(h) and directed the respondent no. 2 to reconsider the application of respondent no. 1 – The impugned notification was, inter-alia, quashed on the ground that it is beyond the scope of the powers of the Council to make delegated legislation as provided under sub-section (7) of section 10A of the Act – Held: It is settled that subordinate legislation may be questioned on the ground of unreasonableness, such unreasonableness should not be in the sense of not being reasonable, but should be in the sense that it is manifestly arbitrary – In the instant case, the Division Bench of the High Court has failed to take into consideration clause (g) of subsection (7) of s. 10A of the Act – Whereas clauses (a) to (f) of subsection (7) of s. 10A of the said Act deal with various factors, clause (g) thereof, which can be said to be a residual clause, enables the Council to take into consideration also any other factor as may be prescribed – Conjoint reading of ss. 10A(7)(g) and 20(2)(fb) of the Act would reveal that it is within the competence of the Council to make Regulations prescribing any other conditions, which are otherwise not found in clauses (a) to (f) of sub-section (7) of Section 10A of the said Act – Challenge to the same would be permissible only on the ground of manifest arbitrariness – Respondent no.1 failed to discharge burden that impugned notification suffered from manifest arbitrariness – Subordinate legislation.Constitution of India – Art. 14 – Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 – r. 6(2)(h) – Whether the impugned Notification dated 21 May, 2012 amending r. 6(2) (h) was violative of Article 14 of the Constitution? – Held: Tests of arbitrary action which apply to executive actions do not necessarily apply to delegated legislation – In order that delegated legislation can be struck down, such legislation must be manifestly arbitrary; a law which could not be reasonably expected to emanate from an authority delegated with the lawmaking power – Colleges established prior to the impugned Notification and the Colleges established/to be established after the impugned Notification would form two separate classes – The differential treatment for different classes would not be hit by Article 14 of the Constitution of India – Factors taken into consideration by the Council, while amending Regulation 6(2)(h) of the Regulations are relevant factors – The factors have a nexus with the object sought to be achieved which is to provide adequate teaching and training facilities to the students – Amended Regulation 6(2)(h) has a direct nexus with the object to be achieved, i.e., providing adequate teaching and training facilities to the students and it is not violative of art. 14 of the Constitution.Constitution of India – Art. 19 (1)(g) – Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 – r. 6(2)(h) – Whether the impugned Notification dated 21 May, 2012 amending r. 6(2) (h) was violative of Art. 19(1)(g) of the Constitution? – Right to establish an educational institution can be regulated – Such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration – Impugned Notification is made in order to ensure the maintenance of proper academic standards and infrastructure – Impugned notification is not violative of art. 19(1) (g).Court practice and procedures – Judicial Propriety – Prayer for reconsideration of the proposal submitted by the respondent No. 1, which was already rejected by the single judge of the High Court, was renewed in the fresh writ petition filed and granted by the Division Bench of the High Court – On the ground of judicial propriety also the Division Bench of the High Court ought not to have entertained the writ petition for a prayer, which already stood rejected. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 419 |
Petitioner | Dental Council Of India |
Respondent | Biyani Shikshan Samiti & Anr. |
SCR | [2022] 13 S.C.R. 635 |
Judgement Date | 2022-04-12 |
Case Number | 2912 |
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