Vishwa Buddha Parishad, International Meditation Centre, Bodh-Gaya v. Union of India
1995-03-31
N.PANDEY
body1995
DigiLaw.ai
Order This writ application has been filed on behalf of the Governing Body of the Buddhist Mission Dental College, Sidharth Nagar, Bailey Road, Patna through its Secretary for a direction to the Dental Council of India including the Union Government and respondent authorities of the State Government to take steps for granting recognition/affiliation to the Dental College. 2. It is stated that the Dental College in question was established by Vishwa Buddha Parishad a religious minority Institution, in a meeting of the Board in the year, 1988. Thereafter, the Secretary of the Board on 28th July, 1989, wrote a letter to the Dental Council of India about the establishment of the college and, accordingly, a request was also made to take steps for its recognition. At the same time, a letter was also addressed to the Health Minister, Government of Bihar, for granting No Objection Certificate. Besides the aforesaid, on 1st September, 1989, an application in a prescribed proform a along with a draft of Rs.1,000/- (rupees one thousand only) as Inspection Fee was also submitted with the Magadh University for necessary action. 3. At the same time, a letter was also sent to the Ministry of Health and Family Welfare, Government of India, by the Secretary of the College for a direction to the Dental Council of India to make proper inspection of the Institution so that the recognition can be granted by the appropriate authority. 4. It is stated in response to the letter of the Secretary of the College, the Joint Secretary, Ministry of Health and Family Welfare, Government of India, vide his letter dated 5th September, 1991, requested the President, Dental Council of India, that the petitioner's college has already deposited the inspection fee but no step was taken by the Council to make inspection. Accordingly, a request was made to the President of the Council to carry out inspection as early as possible so that the interest of the Institution may not suffer any further. At the same time, a letter was also addressed to the Secretary of the College by the Central Government to approach the Dental Council of India for necessary permission etc. 5. Grievance of the petitioners is that in spite of all the required formalities, having been completed, the respondents have not been able to even carry out the inspection of the Institution.
5. Grievance of the petitioners is that in spite of all the required formalities, having been completed, the respondents have not been able to even carry out the inspection of the Institution. Therefore, several students, who have already been admitted and completed their classes, are not being allowed to appear at the examinations. 6. Mr. Rajendra Prasad Singh, learned senior Counsel appearing on behalf of the petitioners, contended that since the Institution in question was established as back as in the year, 1988, the State Government as well as the respondent-University can be directed to grant recognition even without the permission of the Dental Council of India or the Union Government. According to him, the restriction, as imposed by amendment of Dentist Act, 1948, imposing restriction upon the State Government and the University, would not apply to such institutions in granting recognition even without obtaining permission of the Dental Council of India, Therefore, the State Government and the University may be directed to grant affiliation and allow the students of the institution to appear at the examinations. 7. Mr. Sunil Kumar, learned counsel appearing on behalf of the Union of India, as also learned Advocates, appearing on behalf of the State Govt. and Magadh University, contended that the amended provision of the Dentist Act would also apply to an institute, which might have been established before such amendment. But they could not submit any satisfactory explanation under what circumstance the claim of the petitioner's institution for inspection and grant of affiliation etc. has been kept pending for such a long period. I have already noticed the letter of appropriate authorities of the Central Government, contained in Annexure-13, whereby, a request was made to the President Dental Council of India that inspection of the institution should be made without any further delay. The aforesaid letter was addressed to the President of the Council in the year, 1991. But unfortunately, till this day no step was taken by the Council for holding inspection of the establishment. 8. The law on the subject is well settled by this Court through various decisions. Therefore, I do not intend to encumber this order by noticing the different provisions of the Act and other relevant facts. Reference can be made to the cases of The Board of Directors of the Sarjug Dental College vs. State of Bihar & ors.
8. The law on the subject is well settled by this Court through various decisions. Therefore, I do not intend to encumber this order by noticing the different provisions of the Act and other relevant facts. Reference can be made to the cases of The Board of Directors of the Sarjug Dental College vs. State of Bihar & ors. ( 1993 (2) P.L.J.R. 610 ), The Board of Directors of the Sarjug Dental College vs. State of Bihar & ors. ( 1993 (2) P.L.J.R. 641 ) as also the case of Dr. S.M. Naqui Imam Dental College & Hospital vs. The Dental Council of India & ors. ( 1994 (1) P.L.J.R. 626 ). 9. From a bare reference to the aforementioned judgments, it is apparent 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. 10. At the same time from the aforesaid judgments, it would be clear that the amended provisions of the Dentist Act, would also apply to the institutions, which were established even prior to such amendment, but recognition was not granted. 11. Since this Court by the aforementioned judgments has already settled the controversies about the scope of amendment, I do not propose to go into details of the arguments. It is expected that the concerned authorities are also acquainted with the legal position which commands them to perform their statutory duties in such matters. 12. Accordingly, I direct the President and Secretary, Dental Council of India, to carry out inspection of the institution, in terms of the letter of the Central Government, as contained in Annexure-13, without any further delay. Thereafter, the other respondents shall taken an appropriate decision in the light of Inspection Report within a period of four months from the date of receipt of the report. 13. This application is, accordingly, disposed of with the directions and observations, made above.