VISHWA BHUDHIST PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed on behalf of writ petitioners -Vishwa Budhist Parishad and another for review/modification of common order and judgment dated 26.2.1998 passed in G.W.J.C. no. 2298/97 [1999 (1) PLJR 11] so far it relates to certain observations made in the second part of para -12 of the judgment aforesaid relating to grant of permission of State Government and affiliation by the University.

(2.) THE writ petition C.W.J.C. no. 2298/97 was preferred by writ petitioners against certain orders. Therein the writ petitioners took a definite stand that the institution in question was established before 1.6.1992 and as such the amended provisions of Dentist (Amendment) Act, 1993 will not apply in the case of the institute. This Court by its order and judgment dated 26.2.1998 in C.W.J.C. no. 2298/97 [1999 (1) PLJR 11] allowed the said writ petition and held that the institute in question was established prior to 1.6.1992, thereby the provisions of Dentist (Amendment) Act, 1993 will not apply in the case of such institution. No prior permission of State Government or affiliation of an University was required for its recognition by the Dental Council of India. While recording such finding, at para -12 of the impugned judgment, this Court further made the following observation : ''However, such grant of permission/ recognition by the Dental Council/ Government of India will not amount to automatic permission to establish the Institution by the State Government, or affiliation by the University, which is required to be obtained thereafter by the petitioners ' Institution from the State Government and the Magadh University. '' Against the aforesaid portion of the observation, in fact, the present application for review has been preferred.

(3.) ON the other hand, the counsel appearing on behalf of the State and the University reiterated their submission as was advanced before this Court in the writ petition. According to the counsel for the University, the Institution cannot run without its affiliation with an University, otherwise its students cannot be allowed, to appear in the examination. According to the counsel for the State, the permission of the State Government, even with respect to an Institution established prior to 1.6.1992, not only required in terms with Bihar Medical Educational Institution (Control and Regulation) Act, 1981 (Act 23 of 1982), approval of State Government is also required for affiliation of College in accordance with proviso to Sub - section 2 (d) of section 21 of Bihar State Universities Act, 1976.