The amended Regulation had a direct nexus with the object of providing adequate teaching and training facilities to the students and was not manifestly arbitrary. The differential treatment for different classes of Dental Colleges did not violate Article 14 of the Constitution. The impugned Notification was made to ensure the maintenance of proper academic standards and infrastructure, in line with the T.M.A. Pai Foundation case.

JUDGMENT

B.R. Gavai, J.

1. Leave granted.

2. The present appeal challenges the judgment and order of the Division Bench of the High Court of Judicature for Rajasthan, Bench at Jaipur, dated 24th April, 2018, passed in D.B. Civil Writ Petition No. 3260 of 2017, thereby allowing the writ petition filed on behalf of the respondent No.1-Biyani Shikshan Samiti (hereinafter referred to as “the respondent No.1”) and striking down the Notification dated 21st May, 2012 (hereinafter referred to as “the impugned Notification”), vide which the appellant-Dental Council of India (hereinafter referred to as “the Council”), had substituted Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006 (hereinafter referred to as “the Regulations”), on the ground of the same being inconsistent with the provisions of the Dentists Act, 1948 (hereinafter referred to as “the said Act”) and also being violative of Articles 14 and 19(1)(g) of the Constitution of India.

3. The facts in the present case are not in dispute.

4. The respondent No. 1 had submitted an application to the Government of India for grant of permission for establishment of dental college from academic year 2012-2013 on 24th September, 2011. This was after the Letter of Intent was issued by the State Government on 23rd September, 2011. The respondent No. 2 – Union of India, through Secretary, Ministry of Health and Family Welfare (Dental Education Section) [hereinafter referred to as “the respondent No.2”), noticed certain deficiencies in the proposal of the respondent No.1 and vide its letter dated 7th October, 2011, required the respondent No.1 to cure the said deficiencies.

5. After exchange of certain communications, on 6th January, 2012, the respondent No.2, returned the application of the respondent No.1 along with demand draft of Rs.6 lakh, on the ground that deficiencies pointed out were not cured prior to 31st December, 2011, i.e., the last date for curing the deficiencies.

6. In the meantime, the Government of Rajasthan issued Essentiality Certificate to the respondent No.1 on 11th January, 2012. However, on 17th February, 2012, the respondent No.2 declined to reconsider the application/request of the respondent No.1, on the grounds stated in its earlier letter, dated 6th January, 2012. As such, the request of the respondent No.1 for reconsideration of its proposal came to be rejected by the respondent No.2, vide its communication dated 17th February, 2012.

7. In the meantime, vide the impugned Notification, existing Regulation 6(2)(h) of the Regulations was substituted by amended Regulation 6(2)(h) on 21st May, 2012. Respondent No.1 again submitted its fresh application on 28th September, 2012 for academic year 2013-2014. The same was returned by the respondent No.2 vide its order dated 31st December, 2012, on the ground that the proposal/application was not in compliance with the amended Regulation 6(2)(h) of the Regulations. On 23rd January, 2013, the respondent No.1 thereafter wrote a letter to the respondent No.2, stating therein that since Essentiality Certificate was issued to it on 11th January, 2012, the impugned Notification was not applicable to it and requested for reconsideration of its application under the unamended Regulation 6(2)(h) of the Regulations. The respondent No.2 rejected the application of the respondent No.1 vide its order dated 5th March, 2013.

8. The respondent No.1 challenged the order passed by the respondent No.2 rejecting the request for reconsideration of its application before the learned single judge of the High Court of Judicature for Rajasthan, Bench at Jaipur, by way of S.B. Civil Writ Petition No.15090 of 2016. The respondent No.1 further sought a direction to reconsider the application submitted by it on 24th September, 2011 for establishment of a new dental college for academic session