1»- -• » livjsi IN THE HIGH COURT OF JUDICATURE ATBILASPUR CHHATTISGARH PETITIONER w / 1 .P.NQ. 324-^/06 (PIL) ^A ^ ^ ^^•"/yl-'-'' -.. ^.^^^ ^>~'.--'''^K'^y ."..•' / RESPONDENTS VERSUS 1. Barfani Academia, Bilaspur A sociefy registered under the Chhattisgarh Society Registry Karan Adhiniyam , 1973 with registered office at-Hari Krishan Coldny Tarbahar Bilaspur, Through: Its Secretary Shri Shailendra Dubey, Aged about - 45 years, S/o—Shri L.P. Dubey; R/o - Hari Krishna Colony, Tarbahar, Bilaspur (C.G.) Rahul Parik S/o Shri M.L.Parik, Aged about- 18 years, R/o Vaishali Nagar, Marim.ai Road, Gitanjali Colony, Bilaspur (C.G.) Amit Goswami S/o Shri M.B. Goswami, Aged about 19 years, R/o Vinoba Nagar, Bilaspur District- Bilaspur (C.G.) Union oflndia Through the Secretary Ministry of Health and Family Welfare (Department of Health) PMS Section Nirman Bhawan, Maulana Azad Road, New Delhi - 110011. 3 Dental Coyncil of India (constituted under the Dentist Act,, 1948) Aiwan- a-Galib Marg Kotla Road, ^ewDelhi 110002-. ,,'.„.,. State of Chhattisgarh * ? Thtough the Secretary, Department of Health and Family Welfare, DKS Bhawan, Mantralaya, Raipur, Chhattisgarh WRIT PETITION UNDER ARTICLE 226/227 OFTHE CONSTITUTION OF INDIA XI-HC-78 3n^r^>rf?;iw traTsn^Tstitiicti IBNte {.-. - -^. 4-"-- *<1*1WI Sh*1|ch 35T r<<l<<IC1<<, OTflu'16, (8|(-1]«y ..,(j:f?:.a<..3.%i?/^[ 200C 3ll^<>i'4a<»i('yii^'Kt'T) 6«IIWlrf?tT3TIcS?T •=t)i<<F<-i<fl-f iii«Tfftet3'<Ri«;i< ^?3Tf^T3n^T DIVISIONBENCH: HO BLE SHRI DHIRENDRA tSHRA. J & HON'BLE SHM SATISH AGNmpTRI. J 13.07.2006 Shri Kanak Tiwari, leame<j leamed counsel for the petitioner^. Shri Thakur Vijay Singh| respondent No.l/Union of India. Sr. Advocate witti Shri Prateek Sharma, Asstt,. Soticitor General of India, for Shri Raghavendra Pradhajn, learr»dCentralGovemment Standing Counsel for respondent No.2/Der Shri U.N.S.Deo, tearned l t-teard. Leamed counsel for the No.3. Ital Councit of India. 3ovt. Advocate for the State/respondent >titioners submit that on 12.07.2006 four affidavits have been filed on bet(alf of the petitioners. They are taken on record. Reply on behalf of the re >pondent No.2 which was filed today, is taken on record. On 12.07.2006 the matt4r was adjourned on the prayer of the resppndent No.1 that he shall b^ seeking instructions. However, counsef for the respondent No.1 submits ^hat till date he has no instructions. Shri Kanak Thwari, leamec| Sr. Advocate with Shri Prateek Sharma, counsel appearing for the p|etitioners submit that the Union of India/respondent No.1 is under ^n obligation to decide the applfcation of the petitioners for permission to|establish new Coll^e latest by 15ulof July2006. However, no decision ha^ been taken as yet as per notification dated 16th of Januaiy 20)6 by t(ie Union of India and therefore ends of XI-HC-78 STI^TWR-fi* cWTSIRWshHlti 'v-'" / ^ *TTq?tf $»i*fTcb TEET "q|<(ld-q, SlTflw'IS, RlCII'Hy .UB.^.-..^ 200^ sii^yi isitti ('p^3^8r) ?^<ITWHfe?:W^T —2- justice will be served if the pet!U<j respondent No.1 to decide the establish a new Oental Colleg< •=hi<<fci<fl-< tiiticiTft'te^)'<Kit<;i< ^i3l1^IT3n^T n is disposed of wWh a directlon to the application for grant of permission to i.e. New Horizon Dental College & Research Institute, Bflaspur withiiji the stipulated period after considering the report of the Dental Council ]pf India submitted as per Clause 22 of "Establishment of New Dental Col(eges, Opening of New or Higher Course of Study or Training and Incre^se of Admission CapacUy in Dental Colleges" Regulations, 2006 and ^fter considering its representation dated 30.06.2006 and also after con^idering the grievances raised by the petitioners in this petition along vin<h the reply of respondent No.2. The prayer is not opposed ^y the counsel for the respondents. In view of the above, ttie) instant peUCon is disposed of witti a direcflon to respondent No.1 to <ake decision on the application of the pefitionere as per the notffication |dated 16*^ January 2CT36 issued by tfie Oental Council of India consid4ring the report, representation dated 30.06.2006 of the petitioner an(j all the grievances in ttu's petition in accordance with law. Lfberty is reserved to the |)etitioners to fite ttie petftion atresh in case a cause of action survwes. I Counsel for the petitioner^ undertakes to serve a copy of. the petition along with the annexures ^nd reply filed by the respondent No. 2 to supply to respondent No.1 at Qelhiby tomorrow i.e. 14.07^006 within office hours and further ftey are ^lirected to send a copy of the same as stated above through Fax and| E-mail to the concemed OfBcer of respondentNo.1. Certified copy today. v^^ Sd/- Dhirendra Mishara Judge ^^ Sd/- Satish K. Agnihotri Judge y>