DENTISTS ACT, 1949, TEMPLE LANE, KOTLA ROAD Vs. VISHWA BUDHIST PARISHAD ITS SECRETARY, INTERNATIONAL MEDITATION CENTRE, P.S.& TOWN-BODH GAYA, DISTRICT-GAYA

JUDGEMENT

(1.)

(2.) THIS appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises out of the judgment dated 26.2.1998, passed in C.W.J.C. No. 2298 of 1997 (Vishwa Budhist Parishad and Anr. vs. The Union of India and Ors.), and order dated 18.8.1998, in Civil Review No. 92 of 1998, by a learned Single Judge of this Court allowing the writ petition in terms of the directions in the impugned orders. We shall go by the position of the parties and the annexures as it stood in the writ proceedings. The writ petition was jointly filed by the two petitioners. Petitioner No. 1 is a registered minority society of Citizens of India following the Budhist faith, and is registered under the provisions of the Societies Registration Act, 1860, in the year 1979. Its main aims and objects being promotion of peace, culture and education, through Budhism, and eradication of illiteracy from the society. Petitioner No. 2 is the Budhist Mission Dental College & Hospital, established by petitioner no. 1, and is a minority institution within the meaning of Article 30 of the Constitution of India.

(3.) A brief summary of facts leading to the writ petition are that petitioner no. 2 was established by petitioner no. 1 in the year 1989, pursuant to a resolution dated 2.5.1988 (Annexure -1). Following the decision taken for establishment of the college, another decision was taken on 25.6.1991, whereby the governing body of the college was constituted by petitioner no. 1 for its efficient administration and management (Annexure -1/1). In the meanwhile, the writ ptitioner, vide letter dated 28.7.1989, informed the Secretary, Dental Council of India, about the establishment of the college with the request to accord necessary recognition/affiliation to the college (Annexure -2). The application of the writ petitioner was responded by the Secretary of the Dental Council of India vide letter dated 21.8.1989 (Annexure -3), informing them that the Dental Council of India had taken a policy decision of not permitting any new Dental College to function unless such application is accompanied with the State 'Governments ' permission or NOC and a letter of affiliation from the University or NOC etc. The petitioners, at the same time, also represented before the State Government of Bihar, vide letter dated 9.8.1989, for grant of NOC in relation to establishment of the Dental College. The writ petitioners through letter dated 31.8.1991 had also requested the Central Government in its Ministry of Health and Family Welfare, New Delhi, to issue appropriate directions to the Dental Council of India to carry out the necessary inspection for grant of recognition/ affiliation. On the request made by the writ petitioners, the Joint Secretary, Government of India, Ministry of Health and Family Welfare, through letter dated 5.9.1991, addressed to the President, Dental Council of India (Annexure -35), requested him to advise the writ petitioners in the matter so that necessary action can be taken in connection with the inspection at the earliest possible time. He has mentioned that though the College had been functioning for the last two years but in absence of inspection by the Dental Council of India, the same had not yet been granted due recognition.