Bombay High Court
Aditya Dental College And Hospital Thr ... vs The Govt. Of India Thr Its Secretary on 12 August, 2025
Author: Manish Pitale
Bench: Manish Pitale
1 939.WP.9295.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9295 OF 2025
ADITYA DENTAL COLLEGE AND HOSPITAL THR
ITS PRINCIPAL R.M. JUSTIN
VERSUS
THE GOVT. OF INDIA THROUGH ITS SECRETARY
...
Advocate for the Petitioner : Mr. Dnyaneshwar Suresh Bagul
Advocate for respondent No.1 : Mr. Suresh Walmikrao Munde
Advocate for Respondent No.2 : Mr. Alok Sharma
AGP for Respondent Nos.3 and 5/State : Mr. S.D. Ghayal
Advocate for Respondent No.4 : Mr. Jaywant R. Patil
...
CORAM : MANISH PITALE &
Y. G. KHOBRAGADE, JJ.
DATE : 12.08.2025 PER COURT: 1. Heard the learned counsel for the parties.
2. This petition has been taken up urgently for the reason that the Petitioner is seeking relief so that it can admit students in 10 seats for Post Graduate Dental Courses. The last date for online preferences to be given by the eligible candidates in Centralized Admission Process (CAP) Round - III is today, and therefore, the learned counsel for the Petitioner is urgently pressing for either deciding the petition itself finally or for considering grant of interim relief in terms of prayer Clause 'E'.
3. This petition was listed yesterday when the learned counsel appearing for the Dental Council of India (DCI) sought time of one day to 2 939.WP.9295.25.odt take appropriate instructions in the matter, in the light of certain queries put by this Court with regard to the source of power available with the DCI as well as the Respondent No.1 - Government of India to 'neutralize' the aforesaid 10 seats for post graduation courses available for admission with the Petitioner. Even today, learned counsel appearing for DCI is unable to get appropriate instructions in the matter. Considering the urgency projected on behalf of the Petitioner, we have considered the rival contentions.
4. We are inclined to grant interim relief in terms of prayer clause 'E' for the following reasons :
a. Despite opportunity granted to the Respondent No.1 -
Government of India and the Respondent No.2 - DCI, the said respondents have not been able to place before this Court any source of power for neutralizing the 10 seats of post graduate courses available for admission with the Petitioner college for the academic year 2025-2026.
b. The respondent Nos.1 and 2 appear to have proceeded against the Petitioner for having illegally admitted 10 students for such post graduate courses in the academic year 2020-2021. The documents placed on record show that the aforesaid alleged illegal action of the Petitioner was condoned by the said respondents, particularly respondent DCI itself, as per 3 939.WP.9295.25.odt communication dated 21.11.2022. In fact, the said communication specifically records that the said 10 admissions for the academic session 2020-2021 were accepted as a special case by the Respondent - DCI itself, not to be treated as a precedent and also to safeguard the future of the students who had taken admission in the said academic session.
c. It appears that thereafter the Respondent - DCI took a somersault and again initiated communications addressed to the Petitioner, seeking to reopen the aforesaid issue of alleged illegal admissions undertaken in the academic session 2020- 2021 and thereupon threatening to neutralize such seats for the next academic session.
d. The respondent No.1 specifically sent a communication dated 21.08.2023 to Respondent - DCI asking for a clarification as to under which provision of the Dentist Act, 1948 or Regulations was the Respondent - DCI now recommending neutralization of the 10 seats for the upcoming academic session. On 05.09.2023, the Respondent - DCI itself communicated to respondent No.1 that there is indeed no such provision under the said Act or under the relevant Regulations of the year 2006 for 'neutralization of seats'.
e. Further communications exchanged between the Respondent 4 939.WP.9295.25.odt No.1 and the Respondent - DCI show that, eventually in the absence of any such source of power, the Respondent - DCI appears to have fallen back on judgment of the Supreme Court in the case of Dental Council of India Vs. Dr. Hedgewar Smruti Rugna Seva Mandal Hingoli and Ors.; (2017) 13 SCC 115 to claim that such proposed action of neutralization of seats could be permitted. It is relevant to note that in the said judgment, the Hon'ble Supreme Court frowned upon admissions being granted to students purely on interim orders issued by Courts. Prima facie, we agree with the contention raised on behalf of the Petitioner that the said judgment would not apply the facts of the present case.
f. On 19.07.2024, the Respondent No.1 - Government of India again wrote to the Respondent - DCI to take action as per the norms mentioned in the Acts/Regulations, instead of sending recommendations which are not as per the Dentist Act and the Regulations. This indicates that Respondent No.1 - Government of India itself was convinced that there is no specific statutory source of power for such action of neutralization of seats in future academic session for the alleged illegality committed by the Petitioner in the academic session 2020-2021. It is relevant to note here that the Petitioner was 5 939.WP.9295.25.odt granted permanent recognition for such post graduate courses as far back as on 28.02.2019.
g. In the face of such communication addressed by Respondent No.1 - Government of India, on 19.03.2025, it appears that suddenly the Respondent No.1 passed the impugned order neutralizing the 10 seats of post graduate courses in the petitioner's college for the academic session 2025-2026. This, despite the aforementioned communication addressed by the Respondent No.1 itself to the Respondent - DCI, expressing serious doubt about any statutory power to take such adverse action against the Petitioner. It is also relevant to note that the impugned order itself nowhere indicates that either notice was issued to the Petitioner College or hearing was otherwise granted before taking such a drastic action.
h. A significant aspect of this matter is that admittedly, even after the academic session 2020-2021, for all the subsequent academic sessions of 2021-2022, 2022-2023, 2023-2024 and 2024-2025, the Petitioner has continued to participate in the Centralized Admission Process and 10 seats of Post Graduation Courses have been continuously filled.
5. For the aforesaid reasons, we are convinced that the Petitioner has made out strong prima facie case in its favour for granting interim 6 939.WP.9295.25.odt relief. If interim relief is not granted, the Petitioner is likely to suffer grave and irreparable loss as the admissions to the academic session 2025- 2026 will soon close and the entire session would go waste in so far as petitioner is concerned. Therefore, the balance of convenience is clearly in favour of the Petitioner.
6. In view of the above, there shall be interim relief during the pendency of this petition in terms of prayer clause 'E' which reads as follows :
E) Pending the hearing and final disposal of the present writ petition, the impugned order dated 19.03.2025 passed by the Government of India, Ministry of Health and Family Welfare (Dental Education Section) as well as the order passed by the Maharashtra University of Health Sciences, Nashik dated 23.06.2025 may kindly be stayed and suspended and the respondents be directed to include the name of the petitioner College in Centralized Admission Process respective MDS Courses for the Academic Year 2025-26 with an intake capacity of 10 students;
7. The respondents are at liberty to file their reply affidavits in this petition within four weeks from today. Rejoinder affidavit, if any, be filed within two weeks thereafter. List the petition on 23.09.2025.
8. All parties to act on an authenticated copy of this order.
(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/