IMPORTANT POINT
Schedule of admission notified by Dental Council of India is binding on all concerned and should not ordinarily be relaxed.

JUDGMENT :

L. Nageswara Rao, J.

1. This Writ Petition is filed challenging the letter dated 27.04.2018 of the Dental Council of India-Respondent No.2 herein to the Union of India-Respondent No.1 recommending that the first Petitioner-Tirumala Medical Academy Educational Society is not entitled for establishment of a dental college for the academic session 2018-2019. The order dated 26.06.2018 passed by Respondent No.1 accepting the recommendations of Respondent No.2 and disapproving the application of the first Petitioner for establishment of a dental college is also assailed in the Writ Petition. The Petitioners seek a further direction to Respondent No.1 to issue appropriate orders granting letter of permission for establishing a new dental college for the academic year 2018-2019.

2. Tirumala Medical Academy Educational Society, the first Petitioner submitted an application for establishment of a dental college in Nizamabad, Telangana for the academic session 2018-2019. The Executive Committee of the second Respondent considered the proposal in its meeting held on 21.12.2017. The Executive Committee by its letter dated 29.12.2017 recommended to the Central Government not to approve the scheme of the first Petitioner for establishment of dental college for the academic session 2018-2019. It was mentioned therein that in spite of several opportunities given to the first Petitioner, the land use certificate was not furnished and that certificate relating to the completion of the buildings was also not given. The Executive Committee was also not satisfied with the attachment of the proposed dental college with the Government Medical College and Hospital as the certificate issued by the Principal Secretary to Government of Andhra Pradesh was issued four years back in which it was stated that the arrangement may be revoked in the future. The first Petitioner was informed that an opportunity of being heard shall be afforded to him on 17.01.2018 to make his submissions regarding the recommendations made by the second Respondent for not approving the proposal of the first Petitioner to start a new dental college. A personal hearing was given on 17.01.2018 in respect of the deficiencies communicated to the first Petitioner. Certain documents were submitted by the first Petitioner in support of its contention that the said deficiencies have been rectified. After considering the said documents the Hearing Committee recommended to the first Respondent that the second Respondent should review their recommendation of disapproval. By a letter dated 24.01.2018, the first Respondent informed the first Petitioner that the scheme submitted by it for starting a dental college had been sent back to the second Respondent for a review on the basis of the recommendations of the Hearing Committee.

3. Pursuant to the direction by the first Respondent to review the scheme, the second Respondent appointed a Committee to conduct inspection of the dental college. The inspection was carried out on 22nd and 23rd March, 2018. It is relevant to state that there was a dispute between the first Petitioner and Vels Education Society which was running Meghna Institute of Dental Sciences at Nizamabad regarding the affiliation to the Government Hospital, Nizamabad. Vels Education Society filed a Writ Petition in the High Court of Telangana and Andhra Pradesh seeking a direction to the second Respondent not to approve the scheme of the first Petitioner for starting a dental college. An interim order was passed by the High Court on 17.04.2018 in I.A. No.1 of 2018 in Writ Petition No.11172 of 2018 that the proposal of the first Petitioner may be considered, if permissible under the regulations having regard to the peculiar facts of the case.

4. By a letter dated 27.04.2018, the Executive Committee of the second Respondent recommended to the first Respondent to disappro