GAUTAM BUDHA DENTAL INSTITUTE BODH GAYA Vs. STATE

JUDGEMENT

(1.) PETITIONER has prayed for quashing of the Inspection report of the Dental Council of India dated 1.11.1999 contained in Annexure -15/1 dated 1.11.1999 on the ground that thereunder council has reiterated its earlier report dated 9.5.1998 (Annexure -10) without undertaking any fresh inspection of the petitioner institute.

(2.) LEARNED counsel for the petitioner Sri Vikas Singh in support of the application has submitted that pursuant to the order of this Court dated 11.7.1997 passed in C.W.J.C. No. 9740 of 1996 as contained in annexure -9 the Dental Council of India proceeded to inspect the petitioner institution on 2.12.1997 during the inspection they noticed of few deficiencies which were pointed out to the management of the petitioner institution. No sooner, the management of the petitioner institution learnt about the deficiencies in the college they took steps for removal thereof. The council under their letter dated 9.5.1998 as contained in Annexure -10 to this application formally informed the petitioner institution about the deficiencies which were noticed during the earlier inspection held on 2.12.1997. Having received the written communication the petitioner institution again informed the council under their letter dated 23.5.1998 as contained in Annexure -11 that the deficiencies noticed during the earlier inspection held on 2.12.1997 have already been removed. While the matter remained pending Magadh University granted affiliation to the college under the letter dated 24.2.1999 as contained in Annexure 12 to this application. Thereafter the Magadh University even promoted them to conduct examination under their letter dated 20.3.1999 as contained in Anhexure -13 for the Sessions 1991 -92 to 1994. -95. Once the affiliation and permission to conduct examination was granted by the Magadh University the same was also communicated to the Dental Council by the petitioner institute under their letter dated 1.3.1999 Annexure -14. Having informed the Dental Council the fact that the deficiencies noticed during the earlier inspection held on 2.12.1997 have already been removed and the Magadh University already granted affiliation petitioner institute patently awaited fresh inspection by the Dental Council of India so submitted learned counsel for the petitioner. The council instead of proceeding with the fresh inspection issued the impugned order dated 1.11.1999 Annexure -15/1 whereunder they just reiterated the earlier deficiencies informed to the college under letter dated 9.5.1998 Annexure -10. This is how present writ case has been filed praying inter alia to quash the impugned order dated 1.11.1999 Annexure -15/1 with further direction to the Dental Council of India to undertake another inspection of the petitioner institution after giving them four weeks notice as the deficiencies pointed out under letter dated 9.5.1998 have been removed long ago as also the fact that the petitioner institution has been granted affiliation and permission to conduct examination by the Magadh University.

(3.) HAVING heard the counsel for the parties and having considered their rival submissions I am of the view that perusal of impugned order dated 1.11.1999 Annexure -15/1 itself indicates that after giving reference to the earlier inspection report the Dental Council of India has verbatim quoted the earlier report dated 9.5.1998 Annexure -10 and has not at all considered the case of the petitioner institution put forward in their letter dated 23.5.1998 that they have removed the deficiency noticed during the earlier inspection held on 2.12.1997 as also the fact that the University under their letters dated 24.2.1999 and 23.3.1999 (Annexures -12 and 13) has recommended for grant of affiliation as also permission to hold examination for the Sessions 1991 -92 to 1994 -95 as such the subsequent report dated 1.11.1999 Annexure 15/1 has got to be quashed with direction to the Dental Council of India to inspect the petitioner institution after giving them four weeks advance notice regarding the date of inspection. While conducting the inspection the Dental Council of India shall take into account all the relevant criteria which are germane to the establishment of dental teaching institution in accordance with law. Now as regards the submission of the learned counsel for the University and the Dental Council that in terms of the amended provision of the Dentist Act no direction to the council to inspect the petitioner institution can be issued is not required to be gone into as pursuant to the order of this court passed in the earlier writ petition dated 11.7.1997 Annexure -9 the council has already inspected the petitioner institution and submitted a report and pointed out deficiencies and as such when petitioner institute claims to have removed those deficiencies then in my humble opinion council is duty bound to undertake another inspection so as to verify the claim of the petitioner in accordance with law.