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Dilip Gupta, J.—D.J. College of Dental Sciences and Research, Modi Nagar, Ghaziabad has filed this petition for a direction upon the respondents to permit the students of MDS 2007-08 Batch to appear at the forthcoming examinations scheduled to commence from 3rd August, 2010.
The said MDS Course is of three years duration and the examination is to held after the expiry of three years.
It is stated that by the communication dated 17th May, 2007, the Government of India, Ministry of Health and Family Welfare granted permission for starting MDS Courses in certain specialities from the Academic Session 2006-07 and Dr. Bhim Rao Ambedkar University, Agra (hereinafter referred to as the ''University'') also granted affiliation. The students of this batch have appeared at the examination. Subsequently, for the next Academic Session i.e. 2007-08, the Government of India, Ministry of Health and Family Welfare by the communication dated 16th May, 2008 also granted approval for the 2007-08 Batch in certain specialities. The petitioner-Institution also admitted students to the MDS Course in the Academic Session 2007-08.
However, so far as the grant of affiliation for the subsequent Academic Session 2007-08 is concerned, inspection was carried out and a report has been submitted to the University, which after seeking queries from the College has forwarded it to the State Government but the State Government has not taken any decision in the matter.
It is the submission of Sri Ashok Khare, learned Senior Counsel appearing for the petitioner that even for the Academic Session 2006-07, the University granted affiliation in 2008 and the students were permitted to appear at the examination. For the Academic Session 2007-08, the matter is also under process at the level of the State Government which has yet to take a decision in the matter. He, therefore, submits that the students of the petitioner-Institution should be permitted to appear at the examination subject to the decision to be taken by the State Government regarding the affiliation of the petitioner-Institution for the Academic Session 2007-08.
Sri Sanjay Kumar Singh, learned Counsel appearing for the University submits that the State Government has yet to grant affiliation to the petitioner-Institution for the Academic Session 2007-08 in terms of Section 37(2) of the U.P. State Universities Act, 1973 and so the petitioner-Institution could not have admitted the students and nor can permission be granted to such students to appear at the examination.
In a matter where the matter relating to grant of affiliation was pending before the State Government, a Division Bench of this Court in Special Appeal No. 292 of 2010 Ram Dulari Bachcu Lal Jaiswal Mahavidyalaya, Nawabganj, Atrampur, Allahabad and Anr. v. State of U.P. and Ors. decided on 9th March, 2010 modified the judgment and order of a learned Judge of this Court by permitting the students to appear at the examination subject to the decision to be taken by the State Government.
Learned Counsel for the petitioner is permitted to implead ''Dental Council of India'' as respondent No. 5.
Learned Standing Counsel appears for respondent Nos. 1 and 2, Sri Sanjay Kumar Singh appears for respondent Nos. 3 and 4 while Sri Pankaj Naqvi appears for respondent No. 5.
Respondents may file the counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition for admission/hearing in the week commencing 30th August, 2010.
In view of the directions dated 9th March, 2010 passed in Special Appeal No. 292 of 2010, the students of petitioner-Institution shall be provisionally permitted to appear at the forthcoming MDS Examination in terms of the recognition granted by the Dental Council of India by the communication dated 16th May, 2007, but the appearance shall be subject to the decision to be taken by the State Government. The result, however, shall not be declared till further orders of this Court.