BIYANI SHIKSHAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition a challenge is made to the Notification dated 21.05.2012 to substitute Regulation 6(2)(h) of Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006.

(2.) Learned counsel for the petitioner-Biyani Shikshan Samiti submits that the Regulation 6(2)(h) has been amended affecting the rights of the petitioner. A reference of the provision, before amendment, has been given. It is to demonstrate difference between the amended and unamended provision. As per the unamended provision, the requirement for the applicant was to have a General Hospital of not less than 100 beds with necessary infrastructure facilities including teaching pre-clinical, para-clinical and allied medical sciences in the campus of the proposed dental college. Such a General Hospital is to be owned or managed by the applicant. The alternative was to have proposed Dental College in the proximity of a Medical College recognised by the Medical Council of India. It is with a condition of facility of training to the students in the subjects of Medicine, Surgery and Allied Medical Sciences. The distance from Medical college was also given. By the amended provision under challenge, the requirement is to attach proposed Dental College with the Government/Private Medical College recognised by the Medical Council of India at the distance of 10 kms by road apart from many other conditions. The subsequent amendment permits distance of 30 kms instead of 10 kms.

(3.) The challenge to the amended Regulations has been made as it is infringing rights of the petitioner guaranteed under Art. 19 (g) of the Constitution of India. A condition has been imposed for attachment of the Dental College with Government/ Private Medical College.