Jaiswal, J. 1. The Petitioner Dental College has filed this writ petition, as a second round of litigation, challenging the order dated 31.7.2015 (Annexure P-36), passed by the respondent No.1 whereby, the respondent No.1, rejected the renewal of permission for admitting 4th Batch of students in the specialty of Orthodontics and Dentofacial Orthopedics from 3 to 6 and Paedodontics and Preventive Dentistry from 4 to 6 seats for the Academic Year 2015-16 on account of non – furnishing of a University Affiliation issued by respondent No.4 – Medical University within the time framed prescribed by Dental Council of India Regulation, 2006.

2. In the earlier round of litigation, the petitioner – Dental College aggrieved by the recommendation dated 28.2.2015 of the respondent No.2 and consequent decision dated 31.3.2015 taken by the respondent No.1, filed a Writ Petition No.2398/2015 before this Court. The Division Bench of this Court vide it’s order dated 7.5.2016, disposed of the writ petition. The operative para 22 of the order dated 7.5.2012 reads as under :

“22.From the aforesaid, in our considered view,the impugned order passed by respondents No.1 and 2 on 31.03.2015 (Annexure P-28) and 28.2.2015 (Annexure P-22) cannot be sustained. Therefore, the same are hereby quashed; however, with liberty to the Central Government to pass a fresh order, after giving opportunity of being heard to the petitioner. Dental Council of India is also directed to consider the case of the petitioner and submit its recommendations, in accordance with law, to the Central Government. The competent authority of the Central Government shall give an opportunity of hearing to the petitioner and then shall take appropriate decision regarding renewal of permission of fourth batch for MDS Course in Orthodontics and Paedodontics, as early as possible, within a period of four weeks from the date of filing of the certified copy of this order.”

3. The BDS degree and the MDS degree in various specialities in respect of the students of the petitioner – Dental College awarded by Devi Ahilya Vishwavidhyalaya, Indore is recognized under section 10(2) of the Dentists Act, 1948 and the petitioner dental college is under statutory obligation to have full complement of staff, equipment and other infrastructure facilities including University affiliation prescribed for under – graduate training programme and also to have additional requirements in respect of funds or allocation of finances, staff and other infrastructure facilities as per the norms prescribed by the Council and approved by the Central Government under section 20 of the Dentists Act, 1948, in the revised MDS Course Regulations, 2007, Post Graduate Diploma Course Regulations, 2008 and policy framed and declared from time to time. The last date of sending the recommendation by the DCI to the Government of India was 28.2.2015. The petitioner – Dental College furnished its University affiliation dated 27.2.2014 issued by the respondent No.4 – Medical University to Union of India only on 18.3.2015, by that time, the last date for sending appropriate recommendation by the DCI was already over.

4. For the academic year 2015 – 16, Hon’ble the Supreme Court in Writ Petition (s) (Civil) No.76/2015 Ashish Ranjan and others v. Union of India and others, has extended the time for admission in PG Medical / DE Course till 10th June, 2015. Relevant part of the order dated 24.03.2015 reads as follows :

“In course of hearing a chart has been given indicating the time schedule for the medical/dental admission for the academic year 2015-16. It reads as follows:-

“Proposed Postgraduate Medical/Dental Admission Schedule (For Academic Year 2015-16)
Schedule for admission   Conduct of entrance examination   Declaration of result of qualifying examination/ entrance examination.   1st round of counselli