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Rajasthan High Court - Jodhpur

Sarawgi Charitable Trust, Sgnr vs Union Of India & Anr on 27 September, 2016

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

                               1

       IN THE HIGH COURT OF JUDICATURE FOR
              RAJASTHAN AT JODHPUR


            CIVIL WRIT (CW) No. 3605 of 2015


PETITIONER :-

Sarawgi Charitable Trust, Sriganganagar-Unit:
Maharaja Ganga Singh Dental College &
Research Centre, Sriganganagar.
Through its President - Ashok Aggarwal S/o Shri
Kishan Chand Aggarwal, aged 47 years,
resident of 146, G-Block, Sriganganagar (Raj.)

                             Vs.

RESPONDENTS:-

1.   The Union of India through the Secretary, Ministry of
     Health & Family Welfare, Government of India, Nirman
     Bhawan, Maulana Azad Road, New Delhi.

2.   The Dental Council of India, AIWAN-E-Galib Marg,
     Kotla Road, New Delhi-through its Secretary.


Date of Order : 27.9.2016


            HON'BLE MR. VIJAY BISHNOI, J.


Mr. Manoj Bhandari, for the petitioner.
Mr. Ravi Bhansali, Sr. Advocate assisted by
Mr. Shubham Modi, for the respondents.


                            ORDER

This writ petition has been filed on behalf of the petitioner essentially with a prayer for issuing a direction to the respondents for grant of renewal of permission for 2 admitting third batch of students in MDS course to the petitioner college in the speciality of Oral & Maxillofacial Surgery (3 seats) for the academic session 2015-16 with all consequential benefits.

This Court vide order dated 26.5.2015 has directed the respondents to provisionally permit the petitioner's institution to grant admission to the students in MDS Course in the speciality Oral and Maxillofacial Surgery with 3 seats for the academic session 2015-16.

Now, the petitioner has moved an application under Article 226 of the Constitution of India, whereby it is contended that the Government of India has regularized admission to the students in 7 specialities including Oral and Maxillofacial Surgery for the sessions 2013-14 and 2014-15. However, for the session 2015-16, the Government of India has granted permission to the petitioner to give admission to the students in 6 specialities but has not granted permission to admit the students for the MDS Course in Oral and Maxillofacial Surgery for three seats. It is contended that this writ petition may be disposed of with a direction to the Government of India to consider the request of the petitioner college to regularize the admissions given to the students in MDS course in speciality Oral and Maxillofacial Surgery (3 seats) for the 3 session 2015-16, in which, admissions have already been given pursuant to the interim order passed by this Court.

Learned counsel for the respondents has no objection if the writ petition is disposed of with the direction as prayed by the learned counsel for the petitioner to the Government of India.

In view of the above, this writ petition is disposed of with a direction to the Government of India to consider the case of the petitioner for regularization of admissions given in MDS course in the speciality Oral and Maxillofacial Surgery (3 seats) for the session 2015-16. The Government of India may complete the said exercise within a period of two months from the date of production of certified copy of this order.

Accordingly, the application (1503/2016) as well as the stay petition also stand disposed of.

(VIJAY BISHNOI), J.

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