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Sri Balaji Charitable And ... vs The State Of Tamil Nadu

Madras High Court|28 March, 2017

JUDGMENT / ORDER

The petitioner has filed this Writ Petition, seeking to quash the proceedings issued by the first respondent/State, dated 05.06.2002, and consequently, to direct the respondents to issue NOC/Essentiality Certificate to the petitioner for starting a Dental College.
2. The petitioner is a Charitable Trust, running under the name and style Sri Balaji Charitable and Educational Trust. The petitioner-Trust proposed to start a Dental College, for which purpose, Essentiality Certificate is required. Hence, they made an application to the first respondent, seeking for the said Certificate. The application has been rejected by the first respondent, by the impugned order, on the ground that there are certain deficiencies, which have to be fulfilled by the petitioner.
3. Heard the learned counsel appearing for the parties concerned and perused the order, impugned in this Writ Petition. On a perusal of the impugned order, this Court is of the view that deficiencies pointed out by the first respondent are serious in nature, and under those circumstances, the request made by the petitioner came to be rightly rejected by the first respondent, and the same does not call for interference. The petitioner should first fulfill and comply with the essential requirements, as pointed out by the first respondent in the impugned order, and only upon fulfilment of the same, they should seek for issuance of the Essentiality Certificate. Even after a lapse of thirteen years, learned counsel for the petitioner is unable to inform this Court as to whether the deficiencies cited in the impugned order are complied with or not. Under these circumstances, no useful purpose will be achieved by considering the grounds raised by the petitioner. Accordingly, the Writ Petition fails and it is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
28.03.2017 sd Index : yes/no To
1. The Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai  600 009.
2. The Director of Medical Education, Chennai  600 010.
3. The Union of India, rep. by Secretary to Government, Ministry of Health and Family Welfare, New Delhi.
4. The Dental Council of India, rep. by its Secretary, Temple Lane, Kotla Road, New Delhi.
S.M.Subramaniam,J.
sd Writ Petition No.20468 of 2003 28.03.2017 http://www.judis.nic.in
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Title

Sri Balaji Charitable And ... vs The State Of Tamil Nadu

Court

Madras High Court

JudgmentDate
28 March, 2017