 as withdrawn, seeking quashing of the Essentiality Certificate to the respondent trust.){kind=link}
The Kerala High Court dismissed a Public Interest Litigation (PIL) as withdrawn, seeking quashing of the Essentiality Certificate to the respondent trust.
The PIL further prayed to
- Issue a writ of Mandamus or any other appropriate writs, orders or directions commanding the Kerala University of Health Science (2nd respondent) and Dental Council of India (3rd respondent) to consider representation submitted by the petitioner association.
-Issue a writ of Mandamus or any other appropriate writs, orders or directions commanding the State of Kerala (1st respondent) and The Commissionerate of Entrance Examination (6th respondent) to not include the name of Travancore Dental College in the list of colleges for allotment under NEET Counselling 2023 which is yet to begin.
-Issue a writ of Mandamus or any other appropriate writs, orders or directions commanding the 1st respondent government to frame proper guidelines for the implementation of the procedure for the issuance of essentiality certificates for the establishment of dental colleges taking into consideration the manpower requirement in the State of Kerala.
-Declare that the sanction granted by the 3rd respondent Dental Council of India for the establishment of the dental college of 5th respondent (Trust) without taking into consideration the manpower requirement in the state and without complying with the procedure prescribed in the Dentists Act, 1948 and Dental Council of India (Establishment of New Dental College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 is illegal, invalid and improper.
-Declare that the consent to affiliate granted by the 2nd respondent University to the dental college of 5th respondent without being satisfied about the manpower requirement in the state and without complying with the procedure prescribed in the Dentists Act, 1948 and Dental Council of India (Establishment of New Dental College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 is illegal, invalid and improper.
-Declare that the Essentiality Certificate cannot be issued by the 1st respondent State Government for the establishment of a dental college without being satisfied about the manpower requirement in the state and without complying with the procedure prescribed in the Dentists Act, 1948 and Dental Council of India (Establishment of New Dental College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006.
A counter affidavit dated 28.07.2023 has been filed by respondent No.5.
In view of the counter affidavit, by which several orders have been produced by the 5th respondent, the petitioner seeks permission to withdraw the public interest litigation with the liberty to file appropriate proceedings including a writ petition, challenging the same. The petition is accordingly dismissed as withdrawn by the Division Bench of Chief Justice A.J.Desai and Justice V.G.Arun.