Judgment D. P. Wadhwa, J. 1. The petitioner, as the name suggests, is a Dental college established by Affaiz Educational society, a Society registered under the societies Registration Act. It claims to be minority institution and seeks protection under Articles 29 and 30 of the Constitution. There are six respondents, the principal respondents being (i) the State of Bihar in the department of Health and Medical Education, (ii)Lalit Narain Mithila University (for short l. N. M. University) and (iii) the dental Council of India established under the Dentist Act, 1948. The petitioner in this petition under Articles 226 and 227 of the Constitution seeks writ/order/direction to the respondents for its inspection by the Dental Council of India and then its recognition as per the Dentist Act. A direction is also sought against the L. N. M. University to hold examinations for the Bachelor of dental Surgery (for short B. D. S. ) and then to declare the results. 2. The petitioner addressed letters dated August 5, 1989 to the Health commissioner, Department of Health, bihar, the Vice-Chancellor, L. N. M. University, the Central Government in the Ministry of Health and Family Welfare and the Dental Council of India seeking inspection by the Dental Council of India and its affiliation with l. N. M. University and recognition of b. D. S. Course conducted by it. Nothing transpired till the notification was issued by the Chancellor, l. N. M. University framing transitory regulations for the purpose of examination of B. D. S. Course, 1992, providing for conducting of B. D. S. examination of 1992 of the students of Darbhanga Dental College. 3. When originally the writ application was filed the Dental Council of india was not a party. It was added by subsequent amendment. By supplementary affidavit the petitioner limited its prayer to the inspection of its Dental college by the Dentalcouncil of India and also prayed that no other respondents need be heard in the matter. 4. It is only the Dental Council of india which is the regulatory body under the Dentist Act for regulating the profession of dentist in the country. It is admitted case that the Dental Council has made regulations for the conduct of b. D. S. course by various colleges/institutions. 4. It is only the Dental Council of india which is the regulatory body under the Dentist Act for regulating the profession of dentist in the country. It is admitted case that the Dental Council has made regulations for the conduct of b. D. S. course by various colleges/institutions. The Regulations provide for physical requirements of a Dental College, maintenance of minimum educational standards for the degree of bachelor of Dentistry, the staff pattern and the like. 5. L. N. M. University within whom the petitioner sought the affiliation was not a recognised University for grant of b. D. S. degree to any Dental College or institution affiliated to it. 6. It was only by notification dated october 19, 1994 that the Central government in the Ministry of Health and Family Welfare in exercise of the powers conferred by sub-section (2) of section 10 of the Dentists Act, 1948 issued notification amending Part 1 of the schedule of Dentists Act for recognising the Bachelor of Dental Surgery degree granted by L. N. M. University, Darbhanga. 7. Under sub-section (1) of Section 10 of the Act the dental qualifications, granted by any authority or institution in India, which are included in Part 1 of the Schedule shall be recognised dental qualifications for the purpose of the act. Under sub-section (2) of this section, the Central Government, after consulting the Dental Council of India and after such inquiry, if any, as it may think fit for the purpose, may, add to part 1 of the Schedule declaring that any dental qualifications granted by any authority or institution in India shall be so recognised by inclusion in Part 1 of the Schedule only when granted by a specified date. It would be thus seen that October 19, 1994 is the date bachelor of Dental Surgery qualification granted by L. N. M. University has been recognised under Sec.10 of the Act. 8. In this view of the matter, the notification issued by the order of the chancellor of L. N. M. University purported to be under Sec.39 (2) (ii) of the Bihar State Universities Act, 1976 (for short bihar Universities Act) is of no consequence. Under this notification, the chancellor approved the transitory regulation proposed by vice-Chancellor of the University for conduct of 1st year Examination of bachelor of Dental Surgery Course, 1992 for the students of Darbhanga dental College, Darbhanga. Under this notification, the chancellor approved the transitory regulation proposed by vice-Chancellor of the University for conduct of 1st year Examination of bachelor of Dental Surgery Course, 1992 for the students of Darbhanga dental College, Darbhanga. This transitory regulation is as under : "no. MLU-12/92-1335/cs (1 ).- In exercise of the powers conferred upon him under Sec.39 (2) (ii) of the Bihar State universities Act 23 of 1976 as amended, up-to-date, the Chancellor, L. N. Mithila university, Darbhanga has been pleased to approve the following transitory regulation as proposed by Vice-Chancellor, l. N. Mithila University for conduct of 1st year Examination of Bachelor of Dental surgery Course 1992 for the students of darbhanga Dental College, Darbhanga and order that this may be published in the Bihar Gazette and brought into immediate effect: transitory REGULATION FOR ist YEAR EXAMINATION OF BACHELOR of DENTAL SURGERY COURSE, 1992 notwithstanding anything contrary to the provisions as made in the Regulations, it is hereby provided that: (a) The L. N. Mithila University, darbhanga shall conduct the B. D. S. Examination, 1992. (b) The Syllabus approved by the dental Council of India for conduct of Examinations of b. D. S. Course shall be applicable for the Examination. (c) Eligibility of Students for admission to the aforesaid Examination shall be as approved by the Dental Cpuncil of India. However, their results will not be published till the formalities of inspection by the Dental Council of India and clearance of affiliation by the State government are completed. 2. The Chancellor has further been pleased to order that 1st Year B. D. S. Examination of Darbhanga Dental College, darbhanga be conducted alongwith the examination of Sarjug Dental College and s. M. Naqvi Imam Dental College, darbhanga, whicr is going to be commenced from 12th June, 1992. By order of trie Chancellor sd/-30-5-92 o. S. D. (II)Governors Secretariat, Bihar. " 9. Because of the view which we have taken about this notification issued by the Chancellor we need not go into validity of the notification as such though we have serious doubts about the authority of the Chancellor to issue such a notification. Under sub-section (1) of Sec.39 of the Bihar Universities Act regulations may be made to provide for certain matters which include the courses of study to be laid kcown for all decrees and diplomas of the University. Under sub-section (1) of Sec.39 of the Bihar Universities Act regulations may be made to provide for certain matters which include the courses of study to be laid kcown for all decrees and diplomas of the University. Sub-section (2) of Sec.39 is as under: " (2) (i) A Regulation made by the academic Council under-section (1) shall be forwarded, as soon as may be, to the syndicate for transmission to the Senate, and the Syndicate shall duly forward this same to the Senate with such recommendations, if any, as it may wish to make and shall have no power to return it to the academic Council for re-concideration, unless such Regulation, in the opinion of the Syndicate relates to matters which directly or indirectly, affect the finances of the University. (ii) such a regulation shall have effect from the date on which it has been assented to by the Chancellor on being passed by the Senate with or without amendment, or from any date fixed by the chancellor: Provided that at any time except when the Senate is in session, if the academic Council makes a Regulation and considers its immediate enforcement necessary, the Academic Council may recommend through the Syndicate, to the chancellor accordingly and the Chancellor with such amendment as he thinks proper shall direct by a notification published in the Gazette that the Regulation shall come into immediate effect, but such a Regulation shall cease to be effective on the expiry of seven days from the date of the next meeting of the Senate, unless confirmed by the Senate: provided further that if any Regulation made by the Academic Council under the preceding proviso, involves expenditure from the University fund, the Regulation shall be forwarded to the Chancellor with the advice of the Financial Adviser. " 10. We have not been shown any provision in the Bihar Universities Act under which any transitory regulations can be proposed by the Vice-Chancellor and approved by the Chancellor. Since l. N. M. University came to be included in Part I of the Schedule to the Dentists act only from October 19, 1994, any examination held by it for the purpose of granting degree of Bachelor of Dental surgery is of no effect or value under the Dentists Act. Since l. N. M. University came to be included in Part I of the Schedule to the Dentists act only from October 19, 1994, any examination held by it for the purpose of granting degree of Bachelor of Dental surgery is of no effect or value under the Dentists Act. The prayer of the petitioner that the result of the examination held by L. N. M. University under the aforesaid notification issued under Sec.39 (2) (ii) of the Bihar universities Act be published is in any case meaningless. 11. The question which still arises is if the provisions of Sec.10-A, 10-B and 10-C of the Dentists Act as amended by the Dentists (Amendment)Act, 1993 with effect fromaugust 27,1992 could be applicable to darbhanga Dental College which came to be established before the Dentists act was amended by the Amending Act of 1993. We can get the clue from Sec.10-C which contains provisions granting time for seeking permission for certain existing authorities. Sub-section (1) of Sec.10-C is relevant and is an under: "if, after the 1st day of June, 1992 and on and before the commencement of the Dentists (Amendment) Act, 1993 any person has established an authority or institution for grant of recognised dental qualification or any authority or institution granting recognised dental qualification has opened a new or higher course of study or training (including a postgraduate course of study or training) or increased its admission capacity, such person, authority or institution, as the case may be, shall seek, within a period of one year from the commencement of the Dentists (Amendment) Act, 1993 the permission of the Central Government in accordance with the provisions of Sec.10-A. 12. From this provision it will be seen that if any institution had come to be established after 1-6-1992 and on or before 27-8-1992 which is the date of commencement of the Amending Act, the period of one year has been granted from the commencement of the Amending Act for the institution to seek permission from the Central Government in accordance with the provisions of section 10a. Under this Sec.10a it is for the Central Government to grant permission and a person is barred from establishing any institution for a course of study or training which will enable student of such course or training to qualify himself for the grant of recognised dental qualifications etc. Under this Sec.10a it is for the Central Government to grant permission and a person is barred from establishing any institution for a course of study or training which will enable student of such course or training to qualify himself for the grant of recognised dental qualifications etc. Requirements for grant of recognition are also provided under Sec.10-A. However, a Bench of this Court in Dr. S. M. Naqui imam V/s. Dental Council of India, 1993 (2) PLJR 641, took the view that the provisions of Sec.10-C will apply to all institutions established before the commencement of the Amending Act. This view is under challenge in the supreme Court in appeal against the aforesaid decision. We think, however, the view taken by this Court in Dr. S. M. naqui Imams case, perhaps, needs reconsideration inasmuch as it cannot be said that Sec.10-C would apply to all institutions established before the commencement of the Amending Act. As a matter of fact in G. B. of Buddha institute of Dental Science V/s. State of bihar.1995 (1) PLJR 623, a Bench of this Court has taken a different view holding that Sec.10-C would apply only to institution established between 1-6-1992 and 27-8-1992. There are, thus, two options open for us. (i) to follow the decision in Dr. S. M. Naqui Imams case and then to adopt the direction of the Supreme Court, and (ii) refer the matter to a larger Bench and yet nevertheless adopt the direction given by the Supreme Court. We will rather adopt the former course. 13. Dental Council although impleaded as respondent has failed to appear to take part in this proceeding. We are in dark if any provision exists under which any institution established before the Amending Act, 1993 could apply for grant of recognition by the Dental council of India. It is duty bound under the Act to see if the institution/authority conforms to the Regulations framed by it. This would appear to be statutory function to inspect the institution/authority so established before the Amending Act, 1993. We are not impressed with the arguments of Mr. Alam that since the petitioner is a minority institution it has to be recognised under the Dentists Act. That point is clearly covered by the decision of this Court in dr. S. M. Naqui Imams case against the petitioner. We are not impressed with the arguments of Mr. Alam that since the petitioner is a minority institution it has to be recognised under the Dentists Act. That point is clearly covered by the decision of this Court in dr. S. M. Naqui Imams case against the petitioner. No institution/authority can take shelter behind the plea of minority institution to contend that provisions of dentists Act would not be applicable to it. 14. Accordingly,We will follow the directions issued by the Supreme Court in appeal against the order of this Court in Dr. S. M. Naqui Imams case and would direct as under: the Dental Council of India shall carry out an inspection of the petitioner-college through an Inspection. Team to be appointed by it in accordance with the regulations and submit a report after inspection as regards the availability of the infrastructure, the teaching facilities, the laboratory facilities, the library and the adequacy or the lack of the availability of the teaching staff. The report shall indicate, after taking into consideration all relevant factors, whether or not the institution is equipped to impart education in dental surgery. The Dental Council of India shall appoint the Inspection Team without insisting upon a fresh application/request from the College and shall inform the petitioner-college within one week from the date of this order the expenses which it is likely to incur for sending the Inspection team and on receipt of communication in that behalf, the petitioner college shall deposit the inspection fee directly with the Dental Council of India within one week thereafter. The inspection shall be carried out within six weeks after the receipt of the Inspection fee from the petitioner-college. A copy of the report of the Inspection Team shall be sent to the l. N. M. University. This application is, therefore, disposed of in these terms. There shall, however, be no order as to costs. Order Accordingly.