Shiva Kirti Singh, J.

1. The Governing Body of Budha Institute of Dental Sciences and Hospitals has filed this writ application raising two fold grievances. The first and foremost grievance of the petitioner is against alleged wrong publication of its admission intake capacity through a notice circulated by the Secretary of the Dental Council of India (hereinafter referred to as the Council) dated 9.4.1994 as contained in Annexure-2 which in turn has led to a letter dated 1.2.1997 (Annexure-9) issued from the office of Governor, Bihar to the Vice Chancellor, Magadh University (hereinafter referred to as the University) containing a direction for appropriate action in the matter of admission/examination at Budha Institute of Dental Sciences and the ultimate action by the University through letter dated 3.7.1997 (Annexure-10) by which the Director of the petitioner-Institute was informed regarding Annexure-9 and was directed to admit only 40 students in the Institute per year. The other grievance of the petitioner, according to the original writ petition, was against inaction of the Council over petitioners application for grant of recognition for Post Graduate course i.e. MDS in certain subjects for which inspection and recommendation by an expert team had already been made. However, from subsequent pleadings, it is now clear that the second grievance of the petitioner stands redressed as the Council has already communicated a favourable decision in the matter to the Director of the Institute through a letter dated 25.1:2000 (Annexure-15).

2. Most of the relevant facts in this case are admitted. The Petitioner-Institute is the only recognised Institute affiliated to Magadh University imparting education in Bachelor of Dental Surgery (BDS) course and Master in Dental Surgery (MDS) course. It was established with due permission of the Council as per provisions of the Dentists Act, 1948 . The provisional permission granted in June 1985 mentioned the facts that the Institute was to be affiliated to Magadh University and the permission was for BDS course with minimum admission and it may be reinspected after a reasonable period by the Councils Inspectors. Subsequently, the Council regularised the said permission on permanent footing vide its general body resolution dated 26/27th.11.1985. The subsequent details as to how and when the petitioner was granted affiliation by the University have not been given in this writ petition because it is admitted that the University granted provisional affiliation which was later made permanent after due enquiry and inspection at the level of the Council as well as the University level.

3. The affiliation granted to the Institute by the Magadh University was sought to be cancelled and was actually cancelled in the year 1991 which led to filing of a writ petition bearing CWJC No. 3582 of 1991 before this Court by the petitioner. This Court quashed the order withdrawing affiliation and the writ petition was finally allowed by a Division Bench of this Court on 10.11.1994 and the said judgment is reported in AIR 1995 Patna 35 : 1995 (1) PLJR 623. By the said judgment this Court held that the State government had no power or role in the matter. In that case on behalf of the State Government a reliance was placed upon sections 10(A) to 10(C) which were brought on the statute book as a result of amendment of the Dentists Act, 1948 by the Dentists (Amendment) Ordinance 1992. The Division Bench of this Court repelled the contention in paragraph 14 of the judgment by holding as under :

"From a perusal of the provisions of the amended sections of the said Act, it appears that the same had no application to the facts of the present case, in as much as, Section 10 (C) will apply only to an institute established between 1.6.1992 and before commencement of the Ordinance which is 27th August, 1992. Apart from that the authority under the said Ordinance is the Central Government and not the State Governmen