IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8051 of 2011 Dr.S.M.Naqui Imam Dental College & Hospital, Bahera though its Secretary S.M. Naiyer Imam S/o late S.M. Azreef R/o village- Bahera, PS- Bahera District- Darbhanga-----Petitioner Versus 1. The Union Of India through the Secretary, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi. 2. The Under Secretary to Govt. of India Ministry of Health & Family Welfare,(Dental Education Section) Nirman Bhawan, New Delhi. 3. Deputy Secretary to Govt. of India Ministry of Health & Family Welfare (Dental Education Section) Nirman Bhawan, New Delhi 4. The DCI, through its Secretary, Aiwam-E-Galib Marg, Kotla Road, New Delhi 5. The President, DCI, Aiwam-E-Galib Marg, Kotla Road, New Delhi 6. The Secretary, DCI Aiwam-E-Galib Kotla Road, New Delhi. 7. The Lalit Narayan Mithila University through its Registrar, Kameshwar Nagar, Darbhanga 8. The Registrar, Lalit Narayan Mithila University Kameshwar Nagar, Darbhanga, 9. The State of Bihar through the Director (M.E) Health & Family Welfare, Department, Govt. of Bihar, Patna---- -----------------------------------------------Respondents ---------------------------------- For the Petitioner: Mr. Basant Chaudhary, Sr. Advocate, & Mr. S.C. Giri, Advocate For the Union of India & DCI: Mr. S.D. Sanjay, Advocate ------------------------------- 5 17.10.2011 Heard Mr. Basant Chaudhary, Senior Advocate for the petitioner and Mr. S.D. Sanjay, advocate for the Union of India and Dental Council of India. . For whatever reason the initial relief which has been sought for by the petitioner for giving a direction upon the respondents Dental Council of India and Union of India to permit them to admit students for the academic session 2010-2011 and 2011-2012 can not be granted now since last date for taking admission is well over. The petitioner will have to reconcile to that position and institution would have to go without admission for the academic session 2011-2012. 2 This writ application to that extent has become infructuous with regard to primary relief. Submission however has been made by learned Senior counsel for the petitioner that to prevent further damage to the institution or its credibility a direction should be issued on the respondents now that they should start exercise of inspection well within time so that the issue of recognition and permission are set at rest well within time and nobody suffers on account of indecision for the academic session 2012-2013. Such a submission on behalf of petitioner does merit consideration because an institution of this kind cannot go without providing admission to fresh batch of students year after year and still survive. In this regard therefore in the background of the rules and regulations, the petitioner will have freedom to file fresh application for inspection of the institution and the respondents will have an obligation to carryout the inspection, submit their report and take a decision with regard to academic session 2012-2013 well within reasonable time frame. The Court expects that if an application is made by following the required guidelines the inspection would be carried out and a final decision will be taken in this regard by 28th February, 2012 and period will not be pushed beyond the said date. This writ application is disposed of with clear understanding that the time frame fixed in this regard would be adhered to by DCI as well as the Union of India. RPS (Ajay Kumar Tripathi, J.)