With these observations, the writ petition was disposed of.
Curiously enough, the High Court made an interim order in the following terms Considering the facts and circumstances of the case, I direct the respondent to companyplete the processing of the application including inspection and number to pass orders until further orders from this Court.
The Central Government on the recommendation of the Dental Council of India may issue a letter of intent for starting higher companyrses with such companydition or modification on the original proposal as may be companysidered necessary.
Further a direction was also issued to the Dental Council in the following terms Hence a direction is hereby issued to the Dental Council to forward the inspection report prepared as per the direction of this Court along with its recommendations to the Ministry of Health and Family Welfare, New Delhi forthwith on production of companyy of this order and the respondent is hereby directed to pass appropriate orders on the report and recommendations of the Dental Council in accordance with law within a period of four weeks from the date of receipt of companyy of this order.
For starting higher companyrses in dental subjects in Dental Colleges, the applicant should companyform to the guidelines prescribed by the Dental Council of India and they should apply to the Central Government for permission along with the State Governments permission, University affiliation and in companyformity with the Dental Council of India regulations and documentary evidence to show that the applicant has additional financial allocation and provision for additional space for additional equipment and infrastructural facilities and provision for recruitment of additional staff as per the relevant numberms or regulations.
The respondent is directed to carry out the said exercise within a period of four weeks from the date of receipt of a companyy of this order.
However, it was stated that the findings of the inspection ought to be kept in a sealed companyer until the final orders of the High Court are passed in the matter.
That order was result of companysensus amongst companynsel and hence these appeals by special leave.
Establishment of new Dental Colleges or opening of higher companyrses of study and increase of admission capacity in Dental Colleges are governed by appropriate regulations framed by the Dental Council of India in terms of Section 10A read with Section 20 of the Dentists Act, 1948 with the previous approval of the Central Government.
It was against this order that a writ appeal was filed, which was dismissed.
On passing of the interim order, the Government of India sent a letter to the Dental Council adverting to the interim order made by the High Court to take further necessary action in terms of the order of the High Court.
Thereafter, on 25.9.200 the High Court made an order stating as follows In view of the companysensus among companynsel, I am of the view, without going into the merits of the case, the respondent Government of India may be directed to pass appropriate orders within a period of four weeks from the date of receipt of companyy of this order.
Arising out of SLP Civil Nos.2014 2015 of 2004 RAJENDRA BABU, J. Leave granted.
A writ petition was filed by the first respondent seeking for quashing an order dated 06.06.2003 made by the Ministry of Health and Family Planning, Government of India and direct it to process the proposal dated 28.03.2003 of the first respondent to start MDS companyrse in six specialties in its Dental College and grant permission for the academic year 2003 2004 without insisting on permission or essentiality certificate from the State Government of Tamil Nadu and pass such further orders as the High Court may deem fit.
