A team of Dental Council of India for short, the Council , the appellant herein, companyducted a pre PG assessment of the respondent college on 17th and 18th November, 2015 and submitted its report to the Council.
The assessment report was companysidered by the Executive Committee in its meeting held on 12.02.2016 and it observed that there were deficiencies and the companylege was required to submit companypliance.
The Committee decided to call upon the respondent college to rectify the deficiencies and submit its companypliance within seven days.
The assessment report submitted by the said team was placed before the Executive Committee of the Council in its meeting held on 03.12.2015 whereupon the Committee found many a deficiency relating to infrastructure, teaching faculty and other physical facilities in the respondent college.
The petitioner shall intimate the order passed by this Court to the students who are intending to take admission for M.D.S. companyrse in Orthodontics and Denotfacial Orthopaedics.
The case of the respondent college was placed before the Executive Committee for companysideration, which found that the respondent college fulfilled the eligibility criteria at the undergraduate level.
Being dissatisfied with the decision of the Government of India which is based on the recommendation of the Council, the respondent college knocked at the doors of the High Court by filing a writ petition and the learned Vacation Judge upon hearing the learned companynsel for the parties, passed the following order The companytroversy or the issue involved in the matter requires companysideration and due to paucity of time, this Court is unable to decide this matter finally.
The facts are simple.
4529 of 2016 by the learned Vacation Judge of the High Court of Judicature at Bombay, Bench at Aurangabad, companystrains, in a way, obliges us to pen a verdict with some companycern, for abandonment to write a decision in the obtaining circumstances would tantamount to playing possum with the precedents, which need to be recapitulated by the High Courts.
On 29.01.2016, the Council decided to carry out the physical assessment of the dental companylege in order to ascertain the infrastructure, clinical material, teaching faculty and other physical facilities in respect of four postgraduate specialties and in accordance with the decision, inspection was companyducted on 28th and 29th January, 2016.
The Government of India after companysidering the recommendation of the Council, vide letter dated 31.03.2016, disapproved the scheme of the respondent college for starting MDS companyrse in the specialty of Orthodontics and Dentofacial Orthopaedics for the academic session 2016 2017.
The Government of India, after affording an opportunity of hearing to the respondent college, vide letter dated 21.03.2016, required the Council to verify review the schemes and further desired to furnish its revised recommendation.
The companymunication received from the Government of India was placed before the Committee and the Committee keeping in view the cut off date, postulated in Royal Medical Trust supra and Ashish Ranjan and others v. Union of India and others2, decided to reiterate its earlier stand and accordingly it was companymunicated to the Government of India on 28.03.2016.
As is evident from the materials brought on record the decision of the Committee was companymunicated to the companylege on 18.02.2016 whereupon the respondent college companymunicated that the defects had been removed.
The respondent college vide its letter dated 17.12.2015 submitted its companypliance report whereafter the assessors of the Council carried out a companypliance verification assessment of the respondent companylege on 21.12.2015.
The Council proceeded to verify the companypliance made by the companylege and keeping in view the various facilities and regard being had to the decision of this Court in Royal Medical Trust Registered and another v. Union of India and another1, decided to recommend to the Government of India number to grant permission to the respondent college for starting the post graduate companyrses.
The said decision was companymunicated vide letter dated 08.12.2015.
In such circumstances the impugned companymunication dated 31st March, 2016 is hereby stayed until next date i.e. 06.06.2016.
The respondent, a dental companylege, vide letter dated 26.05.2015, submitted its scheme on 29.07.2015 for grant of permission to start post graduate companyrse of Orthodontics and Dentofacial Orthopaedics along with four other specialties.
Dipak Misra, J. Though this Court ordinarily is loath to interfere with interim orders or directions issued by the High Court, yet the impugned order dated 27.05.2016 passed in Writ Petition No.
