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2022 Supreme(SC) 342

L. NAGESWARA RAO, B. R. GAVAI
DENTAL COUNCIL OF INDIA – Appellant
Versus
BIYANI SHIKSHAN SAMITI – Respondent


Advocates appeared:
For the Petitioner(s):Gaurav Sharma, Advocate
For the Respondent(s):Shobha Gupta, Vidit Agarwal, Nishant Bahuguna, Jessy Kurien, Shubham Jalan, Prachi Sharma, Sakshi Tiwari, Aishwarya Bhati, Ld. ASG Ruchi Kohli, Shailesh Madiyal, Digvijay Dam, Bhuvan Kapoor, Himanshu Satija, Poornima Singh, Rustam Singh Chauhan, Gurmeet Singh Makker, Advocates

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

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