DENTAL COLLEGE AND HOSPITAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y. V. Giri, learned counsel for the petitioner, Mr. S. N. Pathak, learned counsel for the Union of India, JC to AAG II for the State and also Mr. H. P. Singh learned counsel, for the University.

(2.) This writ application is directed against the communique dated 29-12-2000 as contained in Annexure-13 issued by the Ministry of Health & Family Welfare (Department of Health), Govt. of India.

(3.) It is submitted by Mr. Y. V. Giri, learned counsel for the petitioner that the dental college in question was established at Rambagh in the district of Purnea after affiliation duly granted by B. N. Mandal University on 29-6-1992. The petitioner thereafter applied before the Central Government for necessary direction to the Dental Council of India to inspect and submit its report and thereafter grant recognition in terms of the provisions of the Dentists (Amendment) Act, 1993. The application filed by the petitioner, though was entertained but certain queries were made by the impugned communique by the Central Government stating therein that the dental col- lege does not .fulfil the conditions laid down for exemption of applicability of provision of Section 10-A of the Dentists (Amendment) Act 1993 and on that ground its representation was rejected. However an option was given to the petitioner to apply afresh before the Central Government for its permission with requisite essentiality certificate and other related documents as per the Dental Council of India Regulation. Mr. Gin, learned counsel further submitted that under the provisions of Section 10-A of the Act there is no requirement of essentiality certificate to be obtained from the State Government to which the institute is situated and, therefore, the Central Government was duty-bound to direct the Dental Council of India to inspect the college in question and to grant recognition on the basis of the inspection report. It is also submitted by Mr. Giri that requirement of law as envisaged under the provisions of the Act has already been fulfilled to the extent that the college was already granted affiliation by the University in the year 1992 itself.