[2025:RJ-JD:43530]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18256/2025 Vyas Dental College And Hospital, Jodhpur, Having Its Campus Situated At Vyas Medicity, Kudi Haud, Jhalamand, Jodhpur, A Unit Of Rajasthan Vikas Sansthan, Having Its Registered Office At Teesra Prahar Bhawan Building, 1St A Road, Sardarpura, Jodhpur, Through The Chairman Manish Vyas S/o Lt. Shri Gordhan Das Ji Vyas, Aged About 55 Years.

----Petitioner Versus

1. Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi, 110001.

2. Dental Council Of India, Through Its Secretary, National Dental Commission Building, Plot No. 14, Sector 9, R.k.

Puram, New Delhi.

----Respondents For Petitioner(s) : Mr. Manoj Bhandari, Sr. Adv.

Mr. Aniket Tater For Respondent(s) : Mr. Sajjan Singh Rathore, AAG Mr. B.P. Bohra.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

26/09/2025 By way of filing the instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“It is, therefore, humbly prayed that the writ petition may kindly be accepted and:

(a) by an appropriate writ, order or direction, including a writ in the nature of mandamus, declare that the respondents' failure to restore the sanctioned intake of 100 BDS seats, despite full compliance by the petitioner, is arbitrary, illegal, and violative of Articles 14 and 19(1)(g)

of the Constitution of India.

(b) by an appropriate writ, order or direction, including writ in the nature of mandamus, the respondents be directed to forthwith restore and confirm the admission capacity of the petitioner-institution to 100 BDS seats from the academic year 2025-2026, and permit the petitioner to participate in the ongoing counselling rounds, and pass all consequential orders to give effect to this direction;

(c) Pass any such further relief(s) which in the facts and circumstances of this case may do complete justice to the petitioner; and (d) Costs of the writ petition be awarded to the petitioner'”

2. Learned senior counsel for the petitioner submitted that the petitioner - Institution is a dental college and hospital. The petitioner - Institution was established in the year 2006 with 50 seats in Bachelor of Dental Surgery (BDS) Course. On the basis of the recommendation of Dental Council of India (DCI), the number of seats of the petitioner - Institution was increased to 100 in the year 2007. Learned senior counsel submitted that to the utter disbelief and surprise to the petitioner – Institution, the DCI vide order 05.07.2024 reduced the admission capacity of the petitioner - Institution from 100 seats to 50 seats.

3. Being aggrieved with the decision of DCI to reduce the seats of the petitioner - Institution from 100 to 50, the institution filed S.B. CWP No.14136/2024 (Vyas Dental College and Hospital v. Union of India) before this Court. A co-ordinate Bench of this Court after hearing the matter, vide order dated 06.09.2024 was pleased to set aside the impugned order dated 05.07.2024. The co-ordinate Bench directed the petitioner - Institution to file reply/ representations before the respondents dealing with the discrepancies pointed out by them. The Government of India was directed to consider reply/representations of the petitioner - Institution against the discrepancies pointed out to it and pass a fresh order on or before 30.09.2024.

4. Learned counsel submitted that in compliance of the order dated 06.09.2024 passed by the co-ordinate Bench of this Court, the representation dated 20.09.2024 so submitted the petitioner - Institution was considered and rejected by the competent authority of the Government of India vide order dated 25.11.2024. Learned counsel submitted that the petitioner - Institution thereafter, submitted representations before the Ministry of Health and Family Welfare, Government of India seeking restoration of its 100 seats. The competent authority of the Government of India finding merit