Awadh Dental College & Hospital vs State Of Jharkhand And Ors

The present writ petition is taken up today through Video conferencing.

At the request of learned counsel for the petitioner, the defects as pointed out by the office, are ignored.

The present writ petition has been filed for quashing the order as contained in Memo No.1864/Revenue dated 25th July, 2020 (Annexure-9 to the writ petition) issued by the District Magistrate-cum-Deputy Commissioner, East Singhbhum, Jamshedpur (respondent no.3), so far as it relates to the petitioner-college by reasons of which a direction has been issued under Section 65 of the Disaster Management Act, 2005, to take over the building as well as its campus along with all human resources, management-arrangements, furniture, lavatory premises, generator and all other available facilities at rental fare fixed by the Government for the purpose of using the same as COVID-19 isolation home and COVID Care Center for preventing the expansion of infection relating to the prevailing Corona (COVID-19) pandemic.

Learned counsel for the petitioner submits that the petitioner is a dental college and hospital in which prescribed course schedule has been provided by the University Grants Commission, Dental Council of India and a notice has been issued on 21st June, 2020 to undertake registration of MDS courses and PG Diploma courses in the current year. The regular academic session for the year 2020-21 has already commenced. The admission has been taken and the college is working in full capacity employing all its human resources (teaching and non-teaching). The grievance of the petitioner is that the respondent no.3 while issuing the impugned order dated 25th July, 2020 exercising his power under Section 65 of the Disaster Management Act, 2005 and by adopting pick and choose method, the building with its campus, human resources, furniture, lavatory premises, generator and all other available facilities in the petitioner-college have been directed to be acquired from the date of use. Since the petitioner is undertaking all the academic activities in terms of the guidelines/advisory of Dental Council of India, the impugned order dated 25th July, 2020, so far as the same relates to the petitioner is arbitrary and discriminatory. The petitioner has already submitted its representation on 29th July, 2020 (Annexure-11 to the writ petition) before the respondent no.3 explaining its difficulties in detail. However, no decision has been taken by the said authority as yet.

Learned A.C. to Additional Advocate General-II appearing on behalf of the respondents submits that considering the present situation prevailing due to outbreak of Corona (COVID-19) pandemic, the respondent no.3 while exercising his power under Section 65 of the Disaster Management Act, 2005 has issued the impugned order dated 25th July, 2020 in relation to the petitioner-college, Kerala Samajam Model School, Golmuri and Kerala Public School, Mango and there is no legal infirmity in issuing the same. However, if the petitioner's representation dated 29th July, 2020 has not yet been decided by the respondent no.3, the same shall be decided and disposed of expeditiously.

Having heard learned counsel for the parties and keeping in view that the petitioner has raised certain factual issues showing its difficulty with respect to converting the college and hospital premises as COVID-19 Care Center as well as that it has also raised an issue of discrimination while issuing the impugned order dated 25th July, 2020, without entering into the merit of the case, the respondent no.3 is directed to take an informed decision on the representation dated 29th July, 2020 (unless already disposed of) filed by the petitioner within a period of two weeks from the date of receipt/production of a copy of this order.

The writ petition is, accordingly, disposed of.