VISHWA BUDDHIST PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) AS in both the writ petitions, common order contained in letter dated 8.4.1997 is under challenge and common prayer for recognition/affiliation of Buddhist Mission Dental College and Hospital, Patna (College for short) has been made, they were heard together and are being disposed of by this common judgment.

(2.) WHILE writ petition C.W.J.C. no. 2298/97 has been preferred by Vishwa Buddhist Parishad alongwith the college, the other writ petition C.W.J.C. no. 4491/97 has been preferred by the students of the college.

(3.) ACCORDING to the petitioners, the college was established by petitioner no. 1, Vishwa Buddhist Parish ad (Buddhist Parishad for short) in the year 1989. On such establishment, it sought for recognition/affiliation from respondent -Dental Council of India (Dental Council for short) by letter dated 28.7.89. After certain correspondences, the Dental Council by their letter dated 21.8.1989 intimated the Buddhist Parishad that no Dental College can be permitted to establish without permission or NOC of the concerned State Government and affiliation or NOC of the concerned University. The petitioner -Buddhist Parish ad then requested to grant such permission, irrespective of recognition/affiliation/NOC of the concerned State Government/University. They referred a decision of Delhi High Court in the case of Dental College and Institute of Technology at Pondicherry being C.W.J.C. no. 589/91, disposed of on 12.3.91, in this respect. The Buddhist Parishad by letter dated 12.11.92 requested the Dental Council to communicate programme for inspection of the college. In the meantime, the respondents me out with Dentists (Amendment) Act, 1993 giving effect from August 17, 1992. By the said amended Act, while certain conditions were further laid down for Dental Institutions to be established after 1.6.1992, such conditions were not laid down with respect to the institutions established prior to 1.6.1992. The petitioner -Dental College earlier moved before this Court in C.W.J.C. no. 7766/93 with similar prayer to take steps for grant of recognition/affiliation to the Dental Council. In the said case, this court relying on decisions in the case of Sarju Dental College (1993 (2) P.L.J.R. 610) and (1993 (2) P.L.J.R. 641) as also the case of Dr. S.M. Naqui Emam Dental College (1994(1) P.L.J.R. 626), held that unless proper inspection of the institution is made by the Dental Council as also approval of the Central Government is granted, no Dental College can be granted recognition/affiliation by the appropriate authorities. Said writ petition of petitioner -Dental College was disposed of on 31.3.95 directing the Dental Council to carry out inspection of the petitioner Institution without further delay. Other respondents were also directed to take appropriate decision in the light of inspection report within a specific period. The petitioner -Dental College was inspected by a team of Dental Council on 17/18th June, 1995 and submitted report on 27th June, 1995 (Annexure -7) with specific finding that the petitioner -Dental College fulfils all the norms prescribed by the Dental Council. However, it pointed out that no formal notification has been issued by the Government to start such College, nor any University has affiliated the college. It further observed that although 66 students have been admitted from the session 1991 -92, none of them have appeared for first B.D.S. University examination. The Dental Council thereafter asked the Principal of the College to remit a sum of Rs. 10,000/ - as inspection fee, which was paid by the petitioner by Demand Draft in July, 1995 along with letter dated 28.7.95. However, the Dental Council kept the matter pending on the ground that the case of the petitioner was sub -judice before the High Court, though there was no such case pending. The petitioner College brought to the notice of the Dental Council that no case was pending in any Court and to take a decision and to communicate the same. Thereafter they received a letter from Government of India dated 1.9.96. By the said letter, the Government of India ordered to issue a letter of intent to the petitioner -Buddhist Parish ad under Dentists (Amendment) Act, 1993 to start the B.D.S. course (with 40 admission) from 1995 -96 session subject to fulfilment of certain conditions mentioned therein, including permission of State Government and affiliation of the concerned University. It appears that the petitioner -Buddhist Parishad and the Dental College thereafter took necessary step in terms with the letter dated 1.3.1996 and requested the State of Bihar to grant necessary permission by its letter dated 14.3.1996 followed by reminder. The Vice -Chancellor of Magadh University was also approached by the petitioner on 14.3.1996 to expedite the matter relating to grant of affiliation so that the students may appear in the ensuing examination. The Chancellor's decision was also communicated on 22.5.1996, by which the Magadh University was asked to take necessary step to grant affiliation to the petitioner's Dental College. The Inspector of the College of Magadh University by letter dated 6.8.1996 asked the petitioner to obtain the permission of the State Government first. In the meantime, the Dental Council by letter dated 3.6.1996 intimated the Government of India that the College authorities are liable to deposit a sum of Rs. 2 lacs as application fees to the Dental Council. Subsequently, by letter dated 11.7.96, the Government of India asked the petitioner -Buddhist Parishad to deposit certificate from the State Government, affiliation from the concerned University and performance Bank guarantee for Rs. 75 lacs. It was reiterated by Government of India's letter dated 30.10.96.