JUDGMENT : P.K. Jaiswal, J. 1. By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking writ of certiorari to quash the order dated 28.02.2015 (Annexure P/22); order dated 31.03.2015 (Annexure P/28) and also prayed for issuance of writ of mandamus, directing respondent No. 1 to renew the permission of Fourth Batch of MDS Course in Orthodontics & Paedodontics. 2. The petitioner/college is imparting dental education, which was started in the year 1999-2000 and the intake capacity of the petitioner/college for BDS student is 100 students per year and after completion of First Batch of BDS, permanent affiliation by respondent No. 3 has been granted for BDS Course and BDS Degree awarded by petitioner/college has also been recognized. From the year 2006, the petitioner/college is also imparting MDS Degree in Eight Super Specialty Course, including Orthodontics and Paedodontics. 3. On 28.03.2013 (Annexure P/6) respondent No. 1 granted approval of renewal of permission for MDS Course in Orthodontics from 3 to 5 seats. By order dated 30.04.2013 (Annexure P/7), respondent No. 1 granted approval for renewal of permission for increase in MDS Seats in Paedodontics from 4 to 6. The petitioner/college deposited renewal fee for affiliation for academic year 2014-15 with respondent No. 3/University. On 06.03.2014, respondent No. 3/University issued certificate thereby certifying that MDS offered by petitioner/college is affiliated to respondent No. 3. By order dated 15.04.2014 (Annexure P/10), respondent No. 1 granted renewal permission for Third Year MDS Course in Orthodontics from 3 to 5 seats and in Paedodontics from 4 to 6 seats. 4. On 17.09.2014, the notification was issued by State of Madhya Pradesh, Medical Education Department, whereby it was directed that as per provisions of Section 6(2) of Madhya Pradesh Ayurvigyan Vishwavidyalaya Adhiniyam, 2011 from academic year 2014-15, apart from affiliation of the concerned University, affiliation of respondent No. 4/University will also be required. On 20th October, 2014, respondent No. 4 issued a notification informing the colleges that last date to submit application for affiliation is by or before 31.10.2014. 5. On 29.10.2014, the petitioner/college submitted its application to respondent No. 4/University for joint affiliation. 6. On 15.11.2014, inspection by Inspector of Dental Council of India was conducted with regard to Orthodontics Course and on 17.11.2014, inspection was conducted by the Inspector of Dental Council of India as regards Paedodontics Course. 5. On 29.10.2014, the petitioner/college submitted its application to respondent No. 4/University for joint affiliation. 6. On 15.11.2014, inspection by Inspector of Dental Council of India was conducted with regard to Orthodontics Course and on 17.11.2014, inspection was conducted by the Inspector of Dental Council of India as regards Paedodontics Course. As per the communication dated 11.12.2014 issued by respondent No. 2, two deficiencies were found during inspection for renewal of Central Government permission for admitting Fourth Batch of students in MDS Course in Paedodontics and Orthodontics and the said deficiencies were regarding University Affiliation and Equipments. The petitioner got certificate from respondent No. 4/University on 19.12.2014 (Annexure P/16) to the effect that if all the documents and prerequisites of fees are found correct, then affiliation will be given for academic year 2014-15. On 26.12.2014, respondent No. 4/University issued a correspondence to respondent No. 2 thereby informing Dental Council of India that process of affiliation is delayed on the part of respondent No. 4/University due to Code of Conduct, because election of local bodies in the State and approval of affiliation will be possible only after permission by State Election. 7. On 30.12.2014 (Annexure P/18), the petitioner/college was granted permanent affiliation for BDS Course by respondent No. 3/DAVV. On 19.01.2015, the petitioner submitted compliance report thereby informing respondent No. 2 that it has sufficient equipments and that affiliation from DAVV for the year 2014-15, which has already been handed over to the Inspector and as regards affiliation with respondent No. 4/University, he annexed copy of correspondence dated 19.12.2014 (Annexure P/16) and 26.12.2014 (Annexure P/17). Thereafter, on 20.01.2015, the petitioner/college requested respondent No. 4 to provide provisional affiliation letter for the year 2014-15. On 27.02.2015 (Annexure P/21), respondent No. 4 granted affiliation to petitioner/college for BDS and MDS Courses including Orthodontics and Paedodontics. 8. On 28.02.2015 (Annexure P/22), respondent No. 2 issued a correspondence to respondent No. 1 thereby recommending that renewal of the petitioner/college for Orthodontics and Paedodontics be not done for the academic year 2014-15, since there is no University affiliation. On 05.03.2015, the petitioner/college sent a detailed and exhaustive representation to respondent No. 2 informing the entire factual scenario and also submitted affiliation of respondents No. 3 and 4/Universities. On 13.03.2015, respondent No. 1 called the petitioner/college for hearing on 18.03.2015. On 05.03.2015, the petitioner/college sent a detailed and exhaustive representation to respondent No. 2 informing the entire factual scenario and also submitted affiliation of respondents No. 3 and 4/Universities. On 13.03.2015, respondent No. 1 called the petitioner/college for hearing on 18.03.2015. On 18.03.2015, at the time of hearing, the petitioner/college pointed out to respondent No. 1 that all the documents were rectified within time. On 19.03.2015 (Annexure P/26), considering the aforesaid, respondent No. 1 sent a recommendation to respondent No. 2 to review the case of the petitioner for renewal permission of Paedodontics and Orthodontics. On 26.03.2015, upon an oral request of respondent No. 2, petitioner/college once again got affiliated certificate from respondent No. 3 on the format as desired by respondent No. 2. 9. On 31.03.2015, Dental Council of India resubmitted its recommendation not to renew the permission for admitting Fourth Batch of students in Orthodontics and Paedodontics, since University affiliations were submitted after the cut-off date of 28.02.2015 and no time was left to verify the compliance submitted by college. Respondent No. 1 by order dated 31.03.2015 (Annexure P/28) refused to renew the permission for admitting Fourth Batch of students in petitioner/college in Paeododontics and Orthodontics. 10. Learned counsel for the petitioner submits that the last date for receipt of application form for Pre PG DMAT, 2015 Examination revised schedule is 18th April, 2015 and 19th April, 2015 for PG DMT Examination. He has also drawn our attention to the order dated 24.03.2015 (Annexure P/31) of the Apex Court in Writ Petition (s) (Civil) No. 76/2015 Ashish Ranjan & others v. Union of India & others and submitted that Hon'ble Supreme Court has extended the time for admission in PG Medical/DE Course till 10th June, 2015. Relevant part of the order dated 24.03.2015 reads as follows:- "In course of hearing a chart has been given indicating the time schedule for the medical/dental admission for the academic year 2015-16. It reads as follows: "Proposed Postgraduate Medical/ Dental Admission Schedule (For Academic Year 2015-16) This chart is accepted by all. In view of the aforesaid, it is directed that it shall be treated as order of this Court fixing the time schedule and all the States shall obey it in letter and spirit. Learned counsel who are appearing for the States are requested to send a copy of the same to the concerned authorities of the State. Mr. In view of the aforesaid, it is directed that it shall be treated as order of this Court fixing the time schedule and all the States shall obey it in letter and spirit. Learned counsel who are appearing for the States are requested to send a copy of the same to the concerned authorities of the State. Mr. Gaurav Sharma, learned counsel appearing for the Medical Council of India shall also send a copy of the order passed today by appropriate process to the concerned authorities of the States by a forwarding letter so that there should be no deviation by any authority. Though we have fixed the time schedule for 2015-16 after quite a long deliberation with the counsel for the petitioners, the States and the Medical Council of India, we think a time has come where the Medical Council of India and the Director General Health Services of Union of India should frame a time schedule for the next academic session 2016-17 and thereafter so that a specific time schedule is followed in letter and spirit and controversies of this nature do not travel to the Court every year. All the States are bound to cooperate with the aforesaid authorities failing which serious view shall be taken. We are compelled to say so, as Mr. Gaurav Sharma, learned counsel for the Medical Council of India, submitted that there is non-cooperation by the States in this regard. Let the matter be listed on 05.05.2015." 11. It is submitted that for the academic session 2014-15, the petitioner/college has already submitted affiliation certificate of respondent No. 3/University in the same format, as was submitted for the academic session 2013-14, but the same has not been accepted by respondent No. 2. He further submits that if the stand of respondent No. 2 in the return is accepted then also, the only deficiency, as pointed out was affiliation from University, which has now been granted in favour of the petitioner, for which no inspection is required. Hence, respondents No. 1 to 3 were not well within their rights to pass the impugned order. 12. Hence, respondents No. 1 to 3 were not well within their rights to pass the impugned order. 12. He also placed reliance on the decision of the Division Bench of this Court in the case of Sri Aurobindo Institute of Medical Sciences v. Government of India & another, Writ Petition No. 4604/2013 decided on 07.05.2013 and Ruxmaniben Deepchand Gardi Medical College v. Union of India and another, Writ Petition No. 5750/2014 decided on 02.09.2014 and submitted that it has been a consistent view of the High Court as well as the Apex Court that medical seats should not go waste, particularly when no fault in adhering to time schedule is attributable to the petitioner and prayed that the impugned order/communication dated 28.02.2015 (Annexure P/22) and 31.03.2015 (Annexure P/28) be quashed and writ petition be allowed with direction to respondent No. 1 to renew the permission of Fourth Batch of MDS Course in Orthodontics and Paedodontics. 13. Per contra, Shri Vivek Sharan, learned counsel for respondent No. 2 has submitted that for the purpose of maintaining highest standard in imparting of dental education by the Dental College/Institutions in the country, it is the bounden duty of the Dental Council of India to take all such steps which are required to be taken for maintaining the highest standard of dental education in all the Dental Colleges in the country, including that of the petitioner Dental College. He further submits that Section 10-A of the Dentists (Amendment) Act, 1993 and the Dental Council of India Regulations, 2006 made under Section 20 of the Dentists Act, 1948 regulate the procedure for grant of permission either for establishment of a new Dental College or for starting of higher courses or for further increase of annual intake capacity and the provisions of Section 10-A of the Act for renewal of permission for subsequent years stipulates that no authority or institution conducting a course of study or training (including a postgraduate course of study or training) for grant of recognized dental qualification shall open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself or the award of any recognized dental qualification; or increase its admission capacity in any course of study or training, except with the previous permission of the Central Government obtained, in accordance with the provisions of Section 10-A of the Dentists (Amendment) Act, 1993. 14. In the case of the petitioner, he submits that Inspector of the Dental Council of India inspected the Dental College of the petitioner on 15.11.2014 in the Specialty of Orthodontics and on 17.11.2014 in the Specialty of Paedodontics. As per their report, certain deficiencies relating to Equipments and University Affiliation for the academic session 2014-15 were pointed out to the petitioner. As per their report, certain deficiencies relating to Equipments and University Affiliation for the academic session 2014-15 were pointed out to the petitioner. On 19.01.2015, the petitioner furnished its compliance report, which was considered by the Executive Committee of the Dental Council of India in its meeting held on 19th January, 2015 and taking its lenient view, decided to recommend to the General Body of the Dental Council of India to review its permission for admitting Fourth Batch of students in MDS Course, for increase of seats in the Specialty of Orthodontics and Dentofacial Orthopedics from 3 to 5 seats and in the Specialty of Paedodontics and Preventive Dentistry from 4 to 6 seats at petitioner Dental College for the academic session 2015-16, but subject to submission of University Affiliation for the academic session 2014-15 by 28th February, 2015 and recommended to respondent No. 1 - Union of India not to allow admissions for increase of seats in the Specialty of Orthodontics from 3 to 5 seats and Dentofacial Orthopedics and Paedodontics from 4 to 6 seats at petitioner dental college for the academic session 2015-16 on account of university affiliation. 15. Respondent No. 1 - Union of India vide its letter dated 19.03.2015 (Annexure R/2/4) requested respondent No. 2 - Dental Council of India, inter alia, to review/assess the schemes in light of the documents submitted by the colleges in compliance and the recommendations of the Committee with the request to take appropriate necessary action (s) for review and furnish its recommendations accordingly. The Executive Committee of respondent No. 2 at its meeting held on 26th March, 2015 considered the letter/request dated 19.03.2015 and recommendations to the Central Government not to renew its permission, as there is no university affiliation for the academic session 2014-15 and not allowing the petitioner Dental College for the current academic year 2015-16. Respondent No. 1 by order dated 31.03.2015 accepted the aforesaid recommendations of the Dental Council of India and refused to renew the permission. 16. It is submitted by the learned counsel for the Dental Council of India that Dental Council of India Regulations, 2006 mandates to send its appropriate recommendations by 28.02.2015 for the academic session 2015-16 and respondent No. 1 - Union of India was to convey its appropriate decision by 31.03.2015, which dates are already over since long back. 16. It is submitted by the learned counsel for the Dental Council of India that Dental Council of India Regulations, 2006 mandates to send its appropriate recommendations by 28.02.2015 for the academic session 2015-16 and respondent No. 1 - Union of India was to convey its appropriate decision by 31.03.2015, which dates are already over since long back. He further submitted that in view of the law laid down in the case of Mridul Dhar v. Union of India reported in (2005) 2 SCC 65 , time schedule provided in Regulations shall be strictly adhered to by all concerned failing which defaulting party would be liable to be personally proceed with. He submitted that the petitioner college is the author of the situation and prayed for dismissal of the writ petition. 17. It is not in dispute that for the academic session 2013-14, the petitioner already submitted affiliation certificate to respondent No. 3/University in the same format as was submitted for the academic session 2014-15. The only deficiency, as pointed out in the case of the petitioner college is affiliation of university, which has now been granted and for which no inspection is required, and therefore, respondents No. 1 to 3 were not well within their rights to pass the impugned order. It has also come on record that only the petitioner - college is subjected to hostile discrimination, as no affiliation certificate of respondent No. 4 has been demanded from any other Dental College. As per order of the Hon'ble Supreme Court in the case of Ashish Ranjan v. Union of India [order dated 24.03.2015 (Annexure P/31) of the Apex Court in Writ Petition (s) (Civil) No. 76/2015], the last date for admission in PG DMAT has been extended till 10th June, 2015. 18. In the case of Mriduldhar (Minor) & Ors. (supra) the Apex Court has held that timely admission of the students to MBBS/BDS course is of utmost importance, so that the students would get equality and timely education. It is also clearly indicated by the Apex Court that the time schedule for establishment of new college or to increase intake in existing college, shall be adhered strictly by all concerned, failing which defaulting party would be liable to be personally proceeded with. It is also clearly indicated by the Apex Court that the time schedule for establishment of new college or to increase intake in existing college, shall be adhered strictly by all concerned, failing which defaulting party would be liable to be personally proceeded with. In Priya Gupta v. State of Chattisgarh & Others, 2012 (7) SCC 433 the Hon'ble Court has retreated the necessity to follow the time limit fixed by the Apex Court. 19. The co-ordinate Division Bench of this Court also in several occasions decided the similar nature of controversy and directed the respondents to consider and issue appropriate letter of permission to the medical college. On of such order was passed in W.P. No. 4821/2011. 20. In the case of Sri Aurobindo Institute of Medical Sciences vs. Govt. of India & Anr. (W.P. No. 4604/2013 decided on 7.5.2013), the Division Bench of this Court after appreciating the judgment of Apex Court in the case of Priya Gupta vs. State of Chattisgarh & Ors., (supra) directed the MCI to pass an appropriate order a fresh. Para 8 is relevant which reads as under:- "Resultantly, as the respondents have not at all considered the objections/clarifications submitted by the petitioner, the impugned orders, only to the extent the encashment of the seats has not been done as prayed by the petitioner in respect of Postgraduate Courses; is hereby set aside and the matter is remanded back to the MCI to pass an appropriate order afresh, keeping in view the detailed explanation offered by the petitioner in respect of all three subjects and to pass a speaking order in the matter. It is needless to mention that the Board of Governors in supersession of MCI shall also grant an opportunity of hearing to the petitioner and shall pass appropriate orders within ten days' from the date of appearance of the petitioner. The petitioner shall appear before the Board of Governors- respondent No. 2 on 13.5.2013 and after hearing the petitioner and after taking into account the clarifications/explanations offered by the petitioner, the MCI shall pass a detailed and speaking order, within the aforesaid period." 21. In the present case, affiliation by the DAVV was given on 16.03.2014 (Annexure P/9), which is similar to the affiliation, which was accepted by the Dental Council of India for the academic year 2013-14 issued by the DAVV vide Annexure P/33. In the present case, affiliation by the DAVV was given on 16.03.2014 (Annexure P/9), which is similar to the affiliation, which was accepted by the Dental Council of India for the academic year 2013-14 issued by the DAVV vide Annexure P/33. Annexure P/16 is affiliation for academic session 2014-15 from MP Medical Science University. As per reply of the Dental Council of India, on 27.02.2015 affiliation for the session 2014-15 from MP Medical Science University was issued. On 19.01.2015, DAVV again issued affiliation for the session 2014-15. 22. From the aforesaid, in our considered view, the impugned order passed by respondents No. 1 and 2 on 31.03.2015 (Annexure P/28) and 28.02.2015 (Annexure P/22) cannot be sustained. Therefore, the same are hereby quashed; however, with liberty to the Central Government to pass a fresh order, after giving opportunity of being heard to the petitioner. Dental Council of India is also directed to consider the case of the petitioner and submit its recommendations, in accordance with law, to the Central Government. The Competent Authority of the Central Government shall give an opportunity of hearing to the petitioner and then shall take appropriate decision regarding renewal of permission of fourth batch for MDS Course in Orthodontics and Paedodontics, as early as possible, within a period of four weeks from the date of filing of the certified copy of this order. 23. With the aforesaid, the writ petition is allowed, but without any order as to costs.