Right To Establish An Educational Institution Can Be Regulated To Ensure Maintenance Of Proper Academic Standards, Atmosphere & Infrastructure: Supreme Court

The Supreme Court observed that the right to establish an educational institution can be regulated to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. 

The bench comprising Justices L Nageswara Rao and B R Gavai observed thus while upholding Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006.

The Court set aside the High Court judgment which had struck down the amended Regulation 6(2)(h). 

Amended Regulation 6(2)(h)

Under the unamended Regulation 6(2)(h), an applicant was entitled to apply if he/she/it owned and managed a General Hospital of not less than 100 beds. By amendment of this regulation, it has been made mandatory that the applicant has to attach its proposed Dental College with the Government/Private Medical College, approved/recognized by the Medical Council of India, which is located at a distance of 10 kilometers by road from the proposed Dental College. The distance of 10 kilometers has now been increased to 30 kilometers, vide amendment dated 5th July, 2017.

High Court judgment

The grounds on which the High Court struck down amended Regulation 6(2)(h) are: (i) it is violative of Article 19(1)(g) of the Constitution of India; (ii) that it is beyond the scope of the powers of the Council to make delegated legislation as provided under subsection (7) of Section 10A of the Dentists Act, 1948 ; and (iii) that it is violative of Article 14 of the Constitution of India, inasmuch as the Dental Colleges established  prior to impugned Notification would be permitted to run without attachment with Medical Colleges, whereas, the Dental Colleges established after the impugned Notification will be compelled to have such an attachment with the Medical Colleges.

Supreme Court view

Disagreeing with the High Court view, the Apex Court bench observed that 

(1) The amended Regulation cannot be said to be one, which is manifestly arbitrary, so as to permit the Court to interfere with it. On the contrary, we find that the 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.

(2) It was not permissible for the Division Bench of the High Court to enter into an area of experts and hold that the unamended provisions ought to have been preferred over the amended provisions.

Regarding the contention that the said regulation infringes the fundamental right under Article 19(1)(g), the bench, by referring to T.M.A. Pai Foundation and others vs. State of Karnataka and others (2002) 8 SCC 481, observed: 

It can thus clearly be seen that the Constitution Bench itself has held that the right to establish an educational institution can be regulated. However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. 42. The impugned Notification, undoubtedly, is made in order to ensure the maintenance of proper academic standards and infrastructure and as such, the judgment of the Constitution Bench of this Court in the case of T.M.A. Pai Foundation and others (supra), rather than supporting the case of the respondent No.1, would support the case of the Council.

Case details

Dental Council of India vs Biyani Shikshan Samiti | 2022 LiveLaw (SC) 366 | CA 2912 OF 2022 | 12 April 2022

Coram: Justices L. Nageswara Rao and B R Gavai

Counsel: Adv Gaurav Sharma for appellant, ASG Aishwarya Bhati and Adv Shobha Gupta for respondents

Headnotes

Constitution of India, 1950 ; Article 19(1)(g)  - Right to establish an educational institution can be regulated. However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. (Para 40-41)

Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 ; Regulation 6(2)(h) - 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 - It is made in order to ensure the maintenance of proper academic standards and infrastructure. (Para 33,41)

Dentists Act, 1948 - Section 10A- 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 sub­section (7) of Section 10A of the Act. (Para 29-30)

Constitution of India, 1950 ; Article 14 - The differential treatment for different classes would not be hit by Article 14 of the Constitution of India. The only requirement would be, as to whether such a classification has a nexus with the object sought to be achieved by the Act. (Para 31)

Subordinate legislation - Grounds of challenge- Subordinate legislation may be questioned on any of the grounds on which plenary legislation is questioned. In addition, it may also be questioned on the ground that it does not conform to the statute under which it is made. It may further be questioned on the ground that it is contrary to some other statute. Though it may also 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 (Para 22 -26) - The presumption is always with regard to the validity of a provision. The burden is on the party who challenges the validity of such provision (Para 30) - It is not permissible for the Court to sit in judgment over the wisdom and effectiveness or otherwise of the policy laid down by the regulation ­making body and declare a regulation to be ultra vires merely on the ground that, in the view of the Court, the impugned provisions will not help to serve the object and purpose of the Act. (Para 36-39)

Summary - Appeal against Rajasthan HC judgment which struck down notification amending Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 - Allowed.

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