AHMEDABAD DENTAL COLLEGE AND HOSPITAL Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) As similar prayer has been made and common question of law is involved, both the petitioners were heard together and disposed of by this common judgment.

(2.) The petitioner institutions are self-financing institution imparting education in the discipline of Dentistry both at the level of graduation and post-graduations i.e. BDS and MDS courses. They are run by public trusts, viz. Mahadevia Charitable Trust and Karnavati Medical and Educational Trust respectively. With effect from the academic year 2009-10, the petitioner institutions were granted approval for commencing post-graduate course in various specialties in the discipline of Dentistry by the Dental Council of India and the Central Government in accordance with the Dentist Act, 1948. Such permission was granted to Ahmedabad Dental College and Hospital for the academic year 2009-10 for commencement of post-graduation courses in -

(3.) The learned counsel for the petitioners would contend that after the decision of the Supreme Court in the case of P A Inamdar vs State of Maharashtra, 2005 6 SCC 537 and the decision in the case of Islamic Academy of Education vs. State of Karnataka, 2003 6 SCC 697, the Dental Council of India has framed Dental Council of India Revised MDS Course Regulations, 2007 . Thereunder, while it is stipulated that 50% seats shall be filled up by the competent authority and the remaining 50% by the management quota of the institution on the basis of merit.