JUDGMENT
Dated this the 5th day of March, 2025 Nitin Jamdar, C.J.
Heard Mr. P.T. Mohan Kumar, learned counsel for the Petitioners, Mr. T.C. Krishna, learned Senior Central Government Counsel for the Union of India, Adv. Ms. Ramola Nayanpally representing Mr. M. Gopikrishnan Nambiar, learned counsel for Respondent Nos. 7, 8 and 9, Mr. M.P. Prakash, learned Standing Counsel for Respondent No.3 and Mr.K.P. Harish, learned Senior Government Pleader.
2. This petition is filed by the Petitioners arraying the Union of India, State of Kerala, Dental Council of India, Kerala Dental Council, Director of General Training, Bharat Sevak Samaj, Centre for Trade Testing & Certification of Skilled Workers and three other private entities as Respondents, raising a grievance that the State is not implementing the provisions of the Dentists Act, 1948 (Act of 1948) and has not prohibited activities of unregistered dental mechanics.
3. The Petitioners have joined Respondents 7 to 9, private entities, as Party Respondents. These Respondents have filed their replies to establish that none of their activities breach any provision of law. The Action Taken Report is also filed by the State. Thereafter, we are left with no guidance by the Petitioners as the State has filed a reply that no
3
complaints have been received. A PIL Petitioner's role goes beyond merely filing the petition. They are expected to conduct proper groundwork to assist the Court in resolving the issue raised. In this case, having found no background work done by the Petitioners, we gave them the opportunity of four weeks to at least cite concrete examples so that we can call upon the State to submit reports regarding the actions taken.
4. I.A.No. 2 of 2024 is filed by the Petitioners producing the copies of e-mails sent by one Mr. Nithin Das, furnishing certain particulars of the entities to the Ministry of Health. This person is not a Party Petitioner. The Petitioners have done no background work despite granting opportunity to them to place an additional affidavit. All that the Petitioners have done is annexe somebody else's correspondence, and further, if these names were available to the Petitioners as early as 2022, a question remains as to why the Petitioners did not include these persons also as the Party Respondents or why the Petitioners themselves made any complaint to the authorities.
5. In these circumstances, we are of the opinion that this petition, along with I.A.No.2 of 2024, be placed before the Secretary, Department of Health and Family Welfare, as a material furnished by a citizen pointing out violations of the statute. The Secretary will go through the said material and, if it is found that there is a violation of the provisions of the Act of 1948 and the Regulations, will proceed to take the necessary action.
4
6. With these observations and directions, the writ petition is disposed of.
Sd/-
Nitin Jamdar
Chief Justice
Sd/-
S. Manu
Judge
vpv
5
EXHIBIT P9(a) TRUE COPY OF THE APPLICATION FORM
PRESCRIBED AND ACCOMPANYING EXHIBIT P9.
EXHIBIT P9(b) TRUE ENGLISH TRANSLATION OF EXHIBIT P9
ORDER.
RESPONDENTS' EXHIBITS Exhibit R5(a) True copy of the publication with regard to the Bharat Sevak Samaj taken from the official website of the erstwhile
planning commission
http://planningcommission.nic.in/
plans/planrel/fiveyr/1st/ 1planch8.html Exhibit R5(b) True copy of the constitution of the Bharat Sevak Samaj
Exhibit R5(c) True copy of the Constitution of the Bharat Sevak Samaj, Kerala Pradesh
Exhibit R5(d) True copy of relevant portion of Rule 5 of the CCS Conduct Rules made applicable to the Bharat Sevak Samaj
Exhibit R5(e) True copy of the Notification dated 27.12.2013 issued by the Central
Government, Ministry of Finance
Exhibit R5(f) True copy of the letter issued by the Electronic Sector Skills Council of India dated 14.1.2016
Exhibit R5(g) True copy of Document for Credit Framework, Skills and Education under NSQF dated 11.11.2014 issued by the Department of Higher Education, Ministry of Human Resources Development,
Government of India
Exhibit R5(h) True copy of the report of the review and recommendation on Bharat Sevak Samaj submitted by the Honorary Advisor to the Bureau of Parliamentary Studies &
Training, Lok Sabha Secretariat
7
Exhibit R5( i ) The true copy of the prospectus for the dental courses conducted by the fifth
respondent is produced for the year for the academic year 2022
Exhibit R5( j ) True copy of the sample certificate which are being issued by the fifth respondent to successful candidates in the dental subjects
Exhibit R5( k ) True copy of the letter dated 22.11.2018 issued by the Government of India,
Ministry of Human Resource Development to the 5th respondent
Exhibit R5 ( l ) The true copy of the letter dated 24.06.2019 issued by Singhania
University to the fifth respondent
Exhibit R5(m) TRUE COPY OF THE LIST OF UNIVERSITIES
UNDER THE UGC AND APPROVED BY THE UGC IN
WHICH THE NAME OF SINGHANIA UNIVERSITY
APPEARS PUBLISHED BY THE UGC
Exhibit R5( n ) True copy of the Government Order bearing No. 9/2013/P&ARD dated 5.1.2013 issued by the Government of Kerala to the 5th respondent
Exhibit R4[a] True copy of the Report submitted by the 4th Respondent dated 9.8.2024
8