JUDGMENT

A.K.SIKRI,J.

1. In this petition, invoking the provisions of Article 136 of the Constitution of India, the petitioner seeks leave to appeal against the judgment dated 2nd July 2013 passed by the High Court of Kerala. Writ Petition of the petitioner has been dismissed by the aforesaid judgment.

2. The petitioner, which is a Charitable Trust working in the field of education, has established a Dental College which was established few years ago. During the Academic Year 2007-08, course in Bachelor of Dental Surgery (BDS) was started by it with an annual intake of 50 students. This was done after taking due - permission from the Central Government under Section 10-A of the Dentists Act, 1948 on the recommendation of Dental Council of India (DCI). The Government of Kerala has issued requisite Essentiality Certificate. The college run by the petitioner is affiliated with University of Calicut as that University had granted necessary Consent of Affiliation. The Dental College also stands affiliated to the Kerala University of Health Sciences, established by the Kerala University of Health Science Act, 2010.

3. In the year 2012, the petitioner wanted to expand the size of BDS, being desirous of increasing the capacity from 50 to 100 seats. Intention was to do so with effect from current Academic Year i.e. 2013-14. The scheme was rejected by the Government vide order dated 31.12.2012 on the ground that it did not fulfil the eligibility criteria for such an increase. Against this order of refusal of the Central Government, the petitioner had approached the High Court of Kerala seeking quashing of the said order and for issuance of Writ of Mandamus commanding the Central Government to forward the application of the petitioner for intake of students, to the DCI for technical scrutiny and further to direct the DCI to make appropriate recommendation to the Central Government for issuance of letter of permission during the Academic Year 2013-14 itself. As pointed out in the beginning of this order, the said Writ Petition has been dismissed by the High Court. -

4. In order to appreciate the controversy and the grievance of the petitioner, it would be necessary to traverse few facts.

5. On 8th August 2012, the petitioner had submitted the scheme to the Government of India for increasing the admission capacity. This request of the petitioner was considered but the Central Government could not process the same as at the time of submission of the application, the petitioner had yet to get the recognition of the BDC course with 50 seats i.e. the existing capacity, which is a pre-condition for forwarding the application. The Central Government had issued various letters, last of which was dated 19th December 2012, asking the petitioner to obtain the recognition. Last date for forwarding the application by the Central Government to DCI for approval of such scheme was 31.12.2012. Since the petitioner could not bring the said "Essential Documents" even upto the last date i.e. 31-12-2012, the Central Government returned the application with liberty to the petitioner to apply afresh in the next Academic Year i.e. 2014-15.

6. As per the petitioner, its college fulfilled all the norms required for increase of intake of students from 50 to 100 seats. In so far as matter of recognition is concerned, the petitioner squarely blames the DCI for dragging its feet and, therefore, it is pleaded that the petitioner could not be made to suffer for no fault on its part. In this behalf, it was pointed out that the Executive Committee of the DCI in its meeting held on 26.11.12 had duly recommended to accord recognition. -Recommendation of the Executive Committee was considered by the General Council of the DCI which met on 27/28.11.2012. This Governing Council also approved the proposal. Nothing further was to be done by the DCI but to send letter of recommendation to