mgn 1 wp-4356-11.sxw THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4356 OF 2011 P.A. Inamdar and others. ... Petitioners Versus State of Maharashtra and others. ... Respondents Mr. Girish Kulkarni with Mr. Sandeep R. Waghmare for the petitioners Mr. V.D.Patil, AGP for respondent Nos. 1 and 2 State. Mr. R.V. Govilkar, for respondent No.3. Ms. Vrushali Maindad i/b. A.A. Desai, for respondent No.4. Mr. Rui Rodrigues along with Mr. S.S. Pakale for respondent No.5. CORAM : MOHIT S. SHAH, C.J. & GIRISH S. GODBOLE, J. Tuesday, 23 August, 2011 P.C. Rule. Rule made returnable forthwith and heard by consent of the Advocates for petitioners and respondents. The learned Advocates for the respondents waive service of Rule. 2. In our order dated 17 June 2011 we had referred to the Schedule to the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006. Our attention is now invited to the fact that the Schedule referred to in the said order was the Schedule to the said Regulations of 2006 as published in the gazette dated 12 January 2006, but thereafter by Amendment Regulations, 2006, published in the official gazette dated 16 January 2006 the Schedule has been amended to read as under:- mgn 2 wp-4356-11.sxw SCHEDULE [See Regulation 4(2)] Schedule for receipt of Applications for Establishment of New Dental Colleges, Opening of Higher Course of Study & Increase of admission capacity in the recognised Dental Colleges and processing of the applications by the Central Government and the Dental Council of India. Sr. No. Stage of Processing Time Schedule of BDS Time Schedule for MDS 1 2 3 4 1. Receipt of applications by Central Govt. From 1st August to 30th September (both days inclusive) of any year. From 1st May to 30th June (Both days inclusive) of any year. 2. Forwarding of applications by the Central Government to the Dental Council of India for technical scrutiny Upto 31st December Upto 31st July 3. Recommendation of DCI to the Central Government Upto 15th June Upto 28th February 4. Issue of Letter of Permission by Central Government Upto 15th July Upto 31st March Note: (1) If any clarification is sought by the Central Government on the recommendation of the Council, the same will be furnished by the Council forthwith, if necessary, after conducting inspection. (2) The time-schedule indicated above may be modified by the Central Government, for reason to be recorded in writing, in respect of ny class or category of applications.” 3. In view of the above, while 31st July continues to remain the last date for forwarding the application by the Central Government to the Dental Council of India for technical scrutiny, there is no specific stage mentioned in the amended Schedule for “forwarding additional documents, if any, by the Central mgn 3 wp-4356-11.sxw Government to the Dental Council of India in respect of the applications received between 1 May and 30 June”. In the Schedule prior to amendment the last date for such forwarding additional document was upto 30 November. The last date for issuance of permission by the Central Government was upto 31 March. However, now in the amended Schedule there is no such specific stage of forwarding additional documents by the Central Government. However, in the facts of this case this amendment to the Schedule will not make any difference as the petitioners had already received the letter of consent for provisional affiliation dated 23 July 2011 issued by the Maharashtra University Health Sciences and the same was delivered to the Central Government on 29 July 2011. 4. Since this does not appear to have been done, we are of the view that the Central Government should forward the additional documents submitted by the petitioner college and the Central Government should forward the same to the Dental Council of India for technical scrutiny so as to enable the Dental Council of India to consider the proposal and make appropriate recommendation to the Central Government by 28 February 2012 on the basis of merits of the proposal and the relevant Regulations and in accordance with law. We may not be treated to have expressed any opinion on the merits or demerits of the proposal of the petitioner and the DCI and the Central Government shall consider the proposal in accordance with law. 5. In our order dated 17 June 2011 para.9 repeated shall be renumbered as para.10 and para.10 on page 5 shall be renumbered as para.11. In the said order dated 17 June, 2011 para.10 on page 6 shall be renumbered as para.12 and para. 11 on page 7 shall be renumbered as para.13. The above corrections shall be carried out in the original order dated 17 June 2011. mgn 4 wp-4356-11.sxw 6. Rule is discharged and Petition is accordingly disposed of in the above terms. CHIEF JUSTICE GIRISH S. GODBOLE, J.