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Dr.S.M.Naqui Imam Dental College & ... vs The Union Of India & Ors on 25 May, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CWJC No.8051 of 2011
                    DR.S.M.NAQUI IMAM DENTAL COLLEGE &
                    HOSPITAL, BAHERA
                           Versus
                    THE UNION OF INDIA & ORS

                   For the petitioner            :Mr. B.K. Choudhary, Sr. Advocate
                   For the Union of India        :Mr.Maqbul Ahmad
                   For the State of Bihar        :Mr.Abhinay Raj, A.C. to A.A.G.-2
                   For respondent no. 7 & 8 :Mr.P.N.Shahi
                   For respondent nos. 4 to 6 :Mr.S.D.Sanjay
                                     -----------

                        I.A.No.3776 of 2011

03.   25.05.2011

Counsel for the petitioner, Respondent-Dental Council of India, Respondent-University, and Union of India are present.

Present interlocutory application has been filed on behalf of the petitioner-Institution seeking a direction upon the respondents, particularly respondent nos.7 and 8 to permit the students of the petitioner-Institution to appear in the ensuing examination which is scheduled to be held from 01.06.2011.

The writ petition was listed on 06.05.2011 when the following order was passed:-

"Mr. Suresh Chandra Giri for the petitioner, Mr. Makbul Ahmad for respondent nos. 1 to 3, Mr. S.D. Sanjay for respondent nos. 4 to 6, learned Assistant Counsel to Mr. Pushkar Narain Shahi for respondent nos. 7 and 8, and learned Assistant Counsel to Mrs. Nilu Agrawal, learned Government Advocate No.6 for respondent no.9, are present. As prayed for by different sets of the respondents, let them file their 2 respective counter affidavits within a period of six weeks.

Put up "For admission" at the top of the list in the first week of July, 2011."

It appears that at the time when the said order was passed, acceptance of fees and forms for the examination was already notified. On 17.05.2011, the present interlocutory application was filed seeking the aforesaid relief. In view of the order dated 06.05.2011, the pleadings are not complete inasmuch as counter affidavit(s) on behalf of the contesting respondents has/have not till date been filed.

Mr. Basant Kumar Choudhary learned counsel appearing on behalf of the petitioner-Institution, submits that by order contained in Annexure-25, fresh admission in B.D.S. course for the session 2010-11 has only been stopped. It is the stand of the petitioner that students which were admitted prior thereto i.e. 2007-08, 2008-09 and 2009-10 sessions have not been denied taking examination as during the said period, the college had the requisite approval/recognition from the D.C.I. and the concerned University.

The interest of the students pursuing the course in the petitioner-Institution can be safeguarded by directing that in the event the writ application is finally allowed, the respondents shall hold special examination for 134 students 3 of the petitioner-Institution within six weeks of the disposal of the writ case.

Having observed so, this Court declines to grant interim relief prayed for in the application.

I. A. No. 3776 of 2011 stands disposed of.

( Kishore K. Mandal ) hr