Recognition of dental qualifications must adhere strictly to the established statutory process, and prior inclusion in the Schedule absolves institutions from repetitive recognition procedures.

Headnote:(A) Dentists Act, 1948 - Section 10A - Petition for establishment of a Dental College - Petitioner's application for recognition rejected on grounds of improper amendment - Court held that the institution is already listed in the Schedule and does not require re-application for recognition - Interpretation of statutory provisions must not prejudice the petitioners. (Paras 18-24)

(B) Writ jurisdiction - The court emphasized the need for clarity in statutory interpretation and the obligation of authorities to follow established procedures without imposing additional burdens on recognized institutions. (Paras 23-24)

Facts of the case:
The petitioners, a registered Trust, sought recognition and affiliation for their Dental College amidst jurisdiction changes and amendments to the relevant act. They faced administrative inaction affecting students' examination schedules.

Findings of Court:
The court ruled that the name of the existing recognized institution should be amended to reflect the new university's status without undergoing repetitive processes.

Issues: The main legal issue revolved around the interpretation of Section 10(2) of the Dentists Act, 1948 and whether prior recognition sufficed for the new university affiliation.

Ratio Decidendi: The court concluded that the previous inclusion in the Schedule absolves the petitioners from reapplying for recognition and that the respondents must adhere to the statutory framework without unnecessary hindrance.

Result: Writ Petition allowed.

Table of Content
1. establishment and affiliation of a dental college under relevant acts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. approval process for degree recognition from dental council. (Para 10 , 11)
3. petitioners' claims for amendment and recognition of degrees. (Para 12 , 13 , 14 , 15 , 16)
4. interpretation of section 10(2) of the dentists act. (Para 18 , 19 , 20 , 21 , 22 , 23)
5. conclusion directing amendment to the dentists act schedule. (Para 24 , 25)

JUDGMENT :

M. S. Ramachandra Rao, C.J.

1. Petitioner No.1 is a registered Trust which intended to establish a new Dental College in the name and style of ‘Vananchal Dental College and Hospital, Garhwa’. It obtained the ‘No Objection Certificate’ from the State of Jharkhand and the Ranchi University, Ranchi and applied for permission for establishment of a College with the 1^st respondent in terms of Section 10A of the Dentists Act, 1948 (in short ‘the Act’).

2. After satisfying that all the requisite conditions prescribed under Section 10A of the Act are fulfilled, the petitioner was granted permission by the 1^st respondent under Sub-section (4) of Section 10A of the Act for establishment of a new Dental College on 18.07.2017. Petitioner was also granted temporary affiliation by Ranchi University in respect of Bachelor of Dental Surgery Course through a notification dt. 06.03.2008 issued by the Ranchi University, Ranchi.

3. Subsequently, with effect from 17.01.2009 the jurisdiction of the Ranchi University, Ranchi was ousted for whole of the Palamau Division including Garhwa district and a new University was established in the name and style of ‘Nilamber Pitamber University’ through an amendment to the Jharkhand State Universities Act in the year 2006.

4. Thereafter, on establishment of Nilamber Pitamber University, Palamau affiliation of the 1^st petitioner-College was to be granted by the said University and a notification contained in memo dt. 26.02.2011 was issued and extension of affiliation was granted to the petitioner by the said University for the academic years 2007-11, 2008-12, 2009-13 and 2010-14.

5. An amendment was also carried out in terms of Sub-section (2) of Section 10 of the Dentists Act, 1948 in Part-I of the Schedule to the Dentists Act, 1948 on 31.10.2011 by the Ministry of Health and Family Welfare, Government of India. Subsequently, permanent affiliation to the Dental College was granted by the Nilamber Pitamber University on 23.09.2014 from academic session 2013-14 for the Bachelor of Dental Surgery Course.

6. According to the petitioner, the Dental College even started offering MDS Courses subsequently from the academic session 2014-15 in certain specialties and in academic session 2016-17 two more specialty courses were added for which recognition was also granted by the 1^st respondent on 30.03.2015. There was an amendment made in Part-1 of the Schedule to the Dentists Act, 1948 also recording that the Dental College of the petitioner was recognized for grant of specialization degree even in respect of MDS Courses on various subjects on 05.03.2018 and 28.02.2019.

7. Petitioner No. 1, being sponsoring body, applied to the State of Jharkhand for conferring it status of a Private University and thereafter, the State of Jharkhand enacted Act 6 of 2023 through a notification dt. 17.02.2023 promulgating the Babu Dinesh Singh University Act, 2022 conferring status of Private University to petitioner No. 2. Under Section 3(7) of the Act 6 of 2023 constituent colleges and institutions of the sponsoring body which were affiliated to, and enjoying the privilege of any University would be deemed to be withdrawn and such privilege would be deemed to be admitted to the newly established Private University i.e. Babu Dinesh Singh University.

8. Consequent on the incorporation of the Babu Dinesh Singh University Act, 2022, the Dental College established by the petitioner No. 1 Trust stood transferred from the Nilamber Pitamber University, Palamau to the Babu Dinesh S