THE UNION OF INDIA AND ANOTHER Vs. RAMA DENTAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, KANPUR NAGAR AND ANOTHER

JUDGEMENT

(1.) On the basis of the impugned order dated the 15th of June, 2006 passed by an Honourable Single Judge of this Court during vacation, 47 students are alleged already to have been admitted to the Rama Dental College. This is the submission made on behalf of the respondents. The appellants, Central Government are aggrieved by the interim order. It is significant that the Dental Council of India is not a party to the writ petition, but they assuredly should be, since the matter of grant of permission for new courses is heavily, if not solely dependent upon recognition recommended by the said Council.

(2.) We find that the impugned order is a very short one, and does not contain any reasons. It is essential that some reasons, however basic or however short, be given even while passing an interim order. This prevents the order from being criticised as arbitrary, and also gives the Court of appeal essential information as to what was uppermost in the mind of the first Court in the first place. An order becomes legally infirm, if it is supposed to contain reasons and yet it does not. On the basis of this legal infirmity, the impugned order under appeal is set aside. Although we have heard parties at some length, yet we have not entered into the merits of the case in any final way, and are not in a position to make any pronouncement in that regard.

(3.) As such, the impugned order under appeal is set aside. Our order and observations are without prejudice to the rights and contentions of the parties in further proceedings, wherever those might be. The matter will now be heard out by the Honourable Single Judge having jurisdiction in the matter either for shaping further interim orders, or finally by disposing of the writ petition, as the case might be. The respondent-writ petitioner has undertaken to join the Dental Council of India as a party to the writ petition, and cause service to be effected on them with all papers and orders including the present order, within a week from the date hereof.