SUMANDEEP CHARITABLE TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN light of the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal. Rule. The learned A. G. P. , appearing on behalf of respondent-authority is directed to waive service.

(2.) THIS petition under Art. 226 of the Constitution challenges the decision dated 27-11-2006 of respondent-authority refusing to grant Essentiality Certificate and further calling upon the petitioner to fulfil six requirements enumerated in the communication dated 27-11-2006. The petitioner has prayed for following reliefs :

(3.) THE petitioner, a public charitable trust, is desirous of starting a Dental college with intake capacity of 100 seats. As per provisions of the Dentists act, 1948 (the Act) no person can establish a Dental College or conduct a course of study or training except with prior permission of the Central Government obtained under the provisions of the Act. Hence, every person desirous of setting up Dental College is required to apply to the Central Government along with a scheme in accordance with provisions of the Act and the Central Government, in turn, makes a reference to the Dental Council of India, established under the Act, to make recommendation to the Central Government. Under Sec. 20 of the Act, the Dental Council of India (the Council) is entitled to frame regulations.