SARAWGI CHARITABLE TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned validity of order dated 6.8.2012 passed by the Government of India, Ministry of Health and Family Welfare (Dental Education Section), rejecting the application preferred by the petitioner seeking permission for starting of MDS Course in various specialties applied for, from the Academic Session 2013-14. It is further prayed that the respondents may be directed to consider the petitioner's application for starting the MDS Course and grant permission to run MDS Course in the 7 specialties applied for with 6 seats each from the Academic Session 2013-14. The petitioner-Sarawgi Charitable Trust, Sri Ganganagar (for short "the Trust" hereinafter) registered under Rajasthan Public Trust Act, 1959 with the aim and object to open and maintain educational, professional, medical/dental, schools of Nursing, Pharmacy, Para Medical and other technical institutions for the benefit of suffering humanity and needy people, applied for establishment of a Dental College at Sri Ganganagar in the name of Maharaja Ganga Singh dental College and Research Centre ("the College" hereinafter). Pursuant thereto, Medical and Health Department, Government of India vide an order dated 3.10.2006 permitted the petitioner-trust to establish the College. The College established by the petitioner-trust started BUS Course from the academic Session 2008-09 and the final academic session of four years' Course of its first batch was completed in the Academic Session 2011-12. As per Regulation 11 of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 ("Regulations, 2006") framed by Dental Council of India ("the Council") in exercise of the powers conferred by Section 10A read with Section 20 of the Dentist Act, 1948 with the previous approval of the Central Government, admissions of the next batches cannot be made by the Dental College unless the permission granted to establish a Dental College under Regulation 10 is renewed by the Central Government in terms of Regulation 11. The time schedule for processing of application and grant of admission to the students in the Dental Colleges as well as requirement of teaching faculty has been mentioned in the schedule annexed to the Regulations, 2006. "Proviso to Regulation 11 mandates that the process of renewal of permission will not be applicable after the completion of phased expansion of infrastructure facilities and teaching faculty as per the norms laid down by the Council and the first batch of the students take the final years examinations. The application for renewal of permission is required to be submitted to the Council with a copy to the Central Government, six months prior to the current academic session and the final order on the recommendations made by the Council is required to be granted by the Central Government by 15th of July of each year. The petitioner's College is affiliated with Rajasthan University of Health Sciences ("the University"). According to the petitioner, due to delay in holding examinations by the University of the final academic session i.e. the theory examination of BDS final year, which started from 24.8.2012 could be completed on 14.9.12 and thereafter, the practical examinations were held from 17.9.12 to 26.9.12.

(2.) The pending consideration of the application for renewal submitted by the petitioner in terms of Regulation 11, on 4.5.12, the petitioner's College applied for permission to start MDS Course in the 7 specialties viz., (i) Prosthodontics and Crown and Bridge (ii) Conservative Dentistry & Endodontics (iii) Oral and Maxillofacial Surgery (iv) Periodontology (v) Orthodontics and Dental Orthopedics (vi) Oral Pathology and Microbiology (vii) Paedodontics & Preventive Dentistry in Form 2 prescribed by the Regulations, 2006 for the purpose of grant of permission of the Central Government for starting higher courses including Post Graduate Degree/Diploma. However, vide communication dated 24.5.12 issued by the Ministry of Health and Family Welfare (Dental Education Section), Government of India, the College was informed that after initial scrutiny of the application, it is found that its application is lacking in qualifying criteria as prescribed in Regulations, 2006 inasmuch as, the requisite documents in respect of recognition of the BDS Degree of the College, Essentiality Certificate issued by the State Government concerned and Consent of University affiliation from the concerned University valid for entire duration of course were not attached with the application form. The College was asked to furnish the requisite documents provided its BDS Degree of the College is recognized latest by 31.7.12, which was the last date for forwarding the complete proposal/application to the Council for Academic Session 2013-14. The petitioner's College furnished the requisite document i.e. Essentiality Certificate issued by the State Government and the Consent of Affiliation issued by the University, vide communication dated 27.7.12. The College claimed relaxation regarding recognition of BDS Degree which was delayed on account of delay in holding BDS final year examination by the University. However, vide communication dated 6.8.12, the College was informed by the Ministry of Health and Family Welfare (Dental Education Section), Government of India that its application for starting MDS Course in the applied specialties do not meet the qualifying criteria Regulation 13(a) of Regulations, 2006 i.e. recognition of the qualification of BDS granted to the students of the College and therefore, it is not feasible to process its application for starting of BDS Course in the applied specialties from Academic Session 2013-14. Later, BDS Degree of the petitioner's College was recognized by the Council w.e.f. 21.9.12 vide communication dated 17.1.13. On the recognition being granted as aforesaid, the petitioner's College vide representation dated 21.1.13, requested the Government of India for reconsideration of its original application for starting MDS Course in the applied specialties but to no avail. Hence, this petition.

(3.) This Court on 11.02.13, while considering the prayer of the petitioner for grant of interim relief, after due consideration of the rival submissions of the parties while disposing of the stay petition, passed an interim order in the following terms: