BOARDOFDIRECTORSOFTHESARJUG DENTALCOLLEGEDARBHANGAAND RAJRANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ applications have been preferred by the Board of Directors and the students of the Sarjug Dental College, Darbhanga, (hereinafter, in short 'the Institution' only) praying therein for a mandamus for granting recognition affiliation to the institution and for holding of B. D. S. examination by the respondent L. N. Mithilla University, Darbhanga to enable the students of the institution to appear in such examination and to grant consequential reliefs by way of publication of result and grant of Bachelors degree in Dental Surgery (B.D.S)

(2.) The facts set out by the petitioners in the writ applications may first be stated in short. The institution was set up in 1988 by a charitable trust named Om Sewa Trust with an object of imparting professional dental education leading to a degree of Bachelor in Dental Surgery (hereinafter, in short, the B.D.S. only). By a letter dated 24-1-1988 (Annexure-1) written on behalf of the institution a request was made to the Vice Chancellor of the respondent University for issuance of a letter of "no objection in affiliating the College with the University. "In response thereto, by a letter dated 11-4-1988 (Annexnre-2) the Registrar of the University communicated to the institution that the University has no objection if the Government accords permission to start the College. It seems that hereafter pursuant to a request made on bahalf of the institution, the Deputy Secretary to the Government in the department of Health, under its letter dated 7-6-1988 (Annexure-3) communicated that the Government has no objection in relation to establishment of the proposed College. On 23-7-1988 Vide Annexure-4, the petitioner deposited a sum of Rs. 1,500/-with the University with a request to hold inspection of the institution, whereupon, a team was constituted by the Vice-Chancellor, which inspected the institution on 27th June, 1989, and submitted its report (Annexure 5) making certain recommendations. Pursuant to this report the Registear of the University informed the Director, Higher Education, vide Annexure 6 that the Vice Chancellor has agreed to grant affiliation to the institution for the conduct of B.D.S. Course for five years starting with session 1988-89, therefore, the proposal may be placed before the Government for according its approval. It further appears that the institution had also made certain applications to the Dental Council of India (herein after, in short, 'the Dental Council' only) for seeking prior permission for establishing the institution in question. In response thereto by a letter dated 10th August, 1988 (Annexure 1), the Dental council appointed a Visitor to inspect the institution. His report dated 13-8-1988 has been filed as Annexure '9'. Under its letter dated 6th September, 1988, (Annexure 10) the Dental Council, purporting to act under its Regulations, granted approval for starting of the institution from the session 1988-89.

(3.) The present writ application was filed on 15-4-92 seeking relief as set out above. This Court by its order dated 28-4-1992 directed the Government to take final decision in the matter. The Government passed an order declining to accord approval for affiliation of the institution as per its communication dated 10-7-1992 (Annexure 19). But since the Bench hearing the writ application felt that the refusal was not based on relevent considerations therefore, it directed the Government to pass a fresh order in accordance with law. Thereupon, detailed order dated 30-1-93 has been passed refusing to accord approval to the affiliation of the Institution. This order has been filed as Annexure 20 and is being sought to be challenged on various grounds by way of a supplementary affidavit. The grounds given by the State Government for not according approval to affiliation of the institution, as contained in Annexure '26', in substance are ;