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
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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
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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
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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
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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
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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/
