DARDHANGA DENTAL COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, as the name suggests, is a Dental College established by Affaiz Educational Society, a Society registered under the Societies Registration Act. It claims to be minority institution and seeks protection under Articles 29 and 30 of the Constitution. There are six respondents, the principal respondents being (i) the State of Bihar in the department of Health and Medical Education, (ii) Lalit Narain Mithila University (for short 'L.N.M. University') and (iii) the Dental Council of India established under the Dentist Act, 1948. The petitioner in this petition under Articles 226 and 227 of the Constitution seeks writ/order/direction to the respondents for its inspection by the Dental Council of India and then its recognition as per the Dentist Act. A direction is also sought 'against the L.N.M. University to hold examinations for the Bachelor of Dental Surgery (for short B.D.S.') and then to declare the results.

(2.) The petitioner addressed letters dated August 5, 1989 to the Health Commissioner, Department of Health, Bihar, the Vice-Chancellor, L.N.M. University, the Central Government in the Ministry of Health and Family Welfare and the Dental Council of India seeking inspection by the Dental Council of India and its affiliation with L.N.M. University and recognition of B.D.S. Course conducted by it. Nothing transpired till the notification was issued by the Chancellor, L.N.M. University framing transitory regulations for the purpose of examination of B.D.S. Course, 1992, providing for conducting of B.D.S.examination of 1992 of the students of Darbhanga Dental College.

(3.) When originally the writ application was filed the Dental Council of india was not a party. It was added by subsequent amendment. By supplementary affidavit the petitioner limited its prayer to the inspection of its Dental College by the DentalCouncil of India and also prayed that no other respondents need be heard in the matter.