% i '•^t.a!! l"t Spt^ BBttBIU sssSf fBIB!15!lju S-WS'^ \'"X5:SS> o£ HiGHCOURTOFCHHATTISGARHATBiLASPUR DIVSSION BENCH CORAM: HON'BLESHRiJAGDISHBHALLA,Ag.C.J. & HON'BLE SHRI DILIP RAOSAHEB DESHMUKH, J. Writ Petition (C) No. 4395 of 2007 Petitioners L. ^ ,u 6. M'-^ Youth Foundation of India (An Association registered under the Chhattisgarh Societies Registrikaran Adhiniyam, 1973) through its Administrator Padam Parakh, aged about66years, S/o Late Shri Baboo Lal Parakh, R/o. Sadar Baazar, Rajnandgaon.Distt. Rajriandgaon. Anshul Khandelwal S/o Shri Chandra Kishore Khandelvral, aged 24 years R/o Shri Chandra Kishore Khandelwal, P.0. Chourai, District Chhindwara (M.P.) presently undergoing internship at C.D.C. & R.I.S. Rajnandgaon (C.G.) Ankita Shrivastava D/o Dr. M.M. Shriyastava aged about 24 years Ri'o Dr. M.M. Shrivastava, Shree Vila Mukut Nagar, Raigarh 496001, (C.G.) presently undergoing internship at C.D.C. & R.l. S. Rajnandgaon (C.G.) Abhisekh Agrawal S/o DF. N.K. Agrawal, aged about 24 years R/o Dr. N.K. Aorawal, C/o Agrawal Nursing Home, Basna, Mahasamund - 493554, (C.G.) presently undergoing internship at C.D.C.&R.I. S. RajnandgaQn (C.G.) Ashish Kumar Agrawal S/o Shri Hemant Agrawal, aged about 26 years R/o Shri Hemant Agrawal, Shyam Garments, Bus Stand, Ludeg, Jahspur 496220, (C.G.) presently undergoing internship at C.D.C. & R.l. S. Rajnandgaon (C.G.) Manisha Rajput D/o Shri R.C. Rajput, aged abbut 27 years R/o Shri R.C. Rajput, Manisha Vihar, Jawahar, Ward, Kanker (C.GJ, ^ , v presently undergoing internship at C.D.C. & R.i. S. Rajnandgaon (C.G.) 7. Nidhi Thakur D/o Shri B.M, Thakur, aged about 25 years R/o. Shaitendra Nagar HIG C/20, Raipur (C.G.) presently undergoing internship at C.D.C.&R.I.S.Rajnandgaon(C.G.) 8. Piyush Kumar Birla S/o Shri K.L. Birla, aged about 24 years R/o Shri J.K. Birla, D-15 Bajaj Colony-2, New Rajendra Nagar, Raipur (C.G.) presently undergoing internship at C.D.C. & R.!. S. Rajnandgaon (C.G.) 9. Pratibha Agrawal D/o Shri Rajkumar Agrawal, aged about 26 years, R/o Rajkumar Agrawat, Tharia Chowk, Kurud Dhamtari, (C.G.) 493663 presently undergoing internship at C.D.C. & R.l. S. Rajnandgaon (C.G.) 10. Rakesh Jagiasi S?o Shri Purushottam Jagiasi, aged about 26 years R/6 Shri Puryshottam Jagiasi, LIG-13, Housing Board Cotony, North Chakradhar Nagar, Stadium Road, Raigarh 496001, (C.G.) presentiy undergoing internship at C.D.C. & R.l. S. Rajnandgaon (C.G.) 11. ReenaBadoleD/oShriG.R.Bodole, aged about 26 years R?o Shri G.R. BodoSe, 0!d Court Area, Palace Road, Jagdalpur, Bastar (C.G.) 494001, presently undergoing intemship at C.D.C. & R.l. S, R3jna,"dS3on(C-.G.) 12. Riddhi GotchhaS/o Shr"! Yogesh Golchha, aged about 24 years R/o Yogesh Golchha, Bhomraj Askaran Qolchha, Balak Chowk, Dhamtari 493773, (C.G.)presentiy undergoing internship at C.D.C. & R.I.S. Rajnandgaon (C.G.) 13. Ritu Gupta D/o Shri R.N.Gupta, aged about 28 years R/o Shri R.N.Gupta, S.E.P.H.E. Dept. E-2, Nutan Colony, (LG) Sarkanda, Bitaspur (C.G.) 495001 presenUy undergoing intemship at C.D.C. & ••^- A- R.I.S. Rajnandgaon (G.G.) 14. Ruchi Bafna Dfe Shri Santosh Kumar Bafna, aged about 25 years R/o Shri SantosH Kumar Bafna, Guj'ari Chowk, Main Road, Baiaghat & C/o. Shri Devraj Surana (Adv.) Nanesh Kripa, Gjvil Line; Raipur (C.QJ presently undsrgoing intemship at C.D.C. & R.I.S. Rajnanclgaon (C.G.) 15. Rudra Pratap Singh S/o Shri Nagesbwar Pratap Singh, aged about26 y$ars R/o Shri Nageshwar Pratap Singh, A.S.C.R; OfRce Collector, Land Record Office Branch, Baikunthpur, Koria 497335, (C.G.) presently undergoihg internship at C.D.C. & R.I.S. Rajnandgaon(C.Gj 16. Shariee Diwan D/o LT. Col. C.C. Divran, agecl^abeyt25 yearsfyo LT. Col. G.C. Diwan, C/o Rekha Bhaskar Dman, F-2/1 A, Civil Lihes, Raipur (C.GQ presenfly unciergoing internship -at C.D.C. & R.I.S. Rajnandgaon (C.G.) 17. Shilpa Dewangan D/o Shri Hari Om P.Dewangan, aged about 26 years R/o Dr.M.K.Dewangan Post- Kharora. Raipur 493225, (C.G.) presently, undergoing internship at C.D.C. & R.I.S. Rajnandgaon (C.G.) 18. ShweSa Sonkushre D/o Shri Shyam Rao Sonkushre, aged about 23 yeare R/o Shri Shyam Rao Sonkushre, P.H.E. Office Campus, Infront pf Menohight Chureh, Durg 491001, (C.G.) presently undergoing Jntemship at G.D.C. & R.I.S. Rajnandgaon (C.Gj 19. Sneha Guruwani D/o Shri S.K. Guruwanj, aged about 26 years Rfe Shri S.K. Guruwani C/o R.K. Agencies, Near Gompany Garden, Bilaspur, (C.G.) prasently undergoing intemship at C.D.C. & R.i.S; Rajnandgaon (C.G.) m^ 4 ^. •^' 20. Sudatta Kumar Damle S/o Shri Mahadeo Damle, aged about 27 years R/o Shri Mahadev Damle, Qt. No. 440 Near Buddha Kuti, Shankar Nagar, Durg 491001 presenUy undergoing intemship at C.D.C. & R.I.S. Rajnandgaon (C.G.) 21. Tarun KumarSahu S/o Shri Ramesh Chandra Sahu, aged about28 years R/o Shri Ramesh Ghandra Sahu, Behind Chhattisgarh Schoo!, Mahasamund, (G.G.) presently undergoing internship at C.D.C. & R.I.S. Rajnandgaon (C.G.) Versus 1. Union of India Through the Secretary Ministry of Health and Family Welfare (Department of Health) PMS Seetion, Nirman Bhawan, Maulana Azad Road, New Deihi-110011. 2. Dental Council oflndia (Constituted under the Dentist Act, 1948) Through the Chairman Ajwan-a- Galib Marg Kotla Road, New Deihi 110002 3. State of Chhattisgarh Through the Secretary, Department 6f Health and Family Welfare, DKS Bhawan, Mantraiaya, Raipur.Chhattisgarh. WritPet[tion_ynder Artjcie_226_Qf ths Constitutioji ofj.ndia .J^- '€ Present: Shri Kanak Tiwari, Senior Advocate with Shri Prashant Mishra& Shri Mateen Siddique, counsel for the petitioners. Thakur Vijay Singh, Assistant Solicitor Genera! with Ms.Sharmi]aSinghai;eounse]forUnionoflndia/ respbndentNo.l. . Shri Manindra Shrivastava, Senior Advocate with Shri Raghavendra Pradhan, teounsel fbr Dental Council of India/ respondentNo.2. Shri U.N.S. Dea, Govemment Advocate for the State / respondent No.3. JUDGMENT '^ ^ '€ -•It' •A1 ^^ The following Judgment of the Court was delivered by Hon'ble Jagdish Bhalla, Ag. C.J. With the consent of the learned counsel for the parties the matter is heard finally. Petitioner No.1 is a society registered under the Chhattisgarh Societies Registrikaran Adhiniyam, 1973 ahd is managing &,running Dental Coliege in the name and styleof Chhattisgarh Dental College & Research Institute at Rajnandgaon (hereiriafter referred to as "College") and is imparting dental education in the State and also carrying researeh activlties in the field of dentistry since its inception in the year 2002. The said coilege is affiiiated to Pt. Ravishankar Shukia University, Raipur, The college is the oldest in Chhattisgarh and well equipped and also havs experienced faculty. The said coilege is being mnbyminorifr/communityoftheJainSocietywhohavebeendeclared as minority community in the State of Chhattisgarh. Petitioner Nos. 2 to 21 are the students who were pursuing their BDS course in the coilege and had appeared in the BDS examination for the year 2006- 2007 arid are going tocomplete theirinternship on 30.09.2007. To promote dentai education and researeh, the petitioner No.1- Society opened a Denta! Cotlege at Rajnandgaon with the permission of Dental Council of India (hereinafter referred to as the "Council") and the said co!iege was allovi'sd to admit 100 sludents for the aeademic sessions 2002-03, 2003-04, and 2004-05. Permission was granted for theyear 2002-03 with the condition thatadmission for second batch i.e. Tor 2003-04 will be made only after renewal of permission by the Central Government, which is contained in Annexure P/3. Similariy, on thesame ferms and conditions, permissibn was granted for the years 2003-04, 2004-05 as contained fln^^ ^ 6 .'?° -^' in Annexure P/4 & P/5. It was pointed out on behalf of the petitioners that in fact initially for the academic session 2005-06 permission to admitstudents was not granted, but on the inferfersnce of this Court in writpetition No.3443/2005, permission was ultimately granted. The Executive Committee of the Couhcil declined to recommend to the Central Governmentto renew permission for the 5 BDScourse ofthe petitioner—College with 100 seats on the basis of certain deficiencies in the functioning ofthe college. After certain communication between the petitioner and authorities, the seats were reduced to 50 for the academic session 2006-07. Whatever deficiencies were pointed out, accprding to the petitioner.they were removed and respondent No.1 - Union of India was accordingly informed by a letter dated 28.06.20Q6. In spite of the same, respondent N6.2 recommended to the Central Government not to renew permission for 5 BDS Course of the petitioner—Coilege.it too without assigning any reasons and in the prbcess, petitioner - College was not granted any opportunity with regard to appointment / workihg of six more doctors. Respondent No.1 after considering the recommendation, renewed permission with an admission capacity of 100 students for the academic session 2Q06-07, observing as foliows: "The Central Government, after taking into eonsideration the recommendation of Dental Counci! of India and submission made by the subject dental college alongwith supporting documents as also the fact that permissipn for previous year was grarited based on the same faculty, has decided to allow Chhattisgarh Denfal College and Research Institute, Rajnandgaon, to admit 5 batch Qf students with and annual admission capacity of 100 students for the academic session 2006-2007;" :;.]? ~\ ••-^' J-. I •.;;• '"s In the Writ petition filed against reduction of seats for the year 2006-07 this Court by its order d.ated 28.08.2006 granted the following interimorder: "Maving regard tothefaets andcircumstances of the case, taking into consideration the overall investment in the development of infrastructure and maintenance of the staff of the Dentel College, interim relief is granted in terms of the prayer contained in M.O/V.)P.No.2668/2006,subject to the fbllowing conditions: - ' (i) That the petitioner shall undertake to clarify and correct whatever defjciencies that have already been pointed out or will be pointed out by the council even hereafter. (ii) Each student over and above 60 shall be admitted to the institution^on a clear underetanding thatthe admissiQnso grarited is subjecttooutcomeof this writ petition and he will not therefore claim any equity in the event ofthis petition being dismissed and an undertaking tp the sarhe effect shall be obtainsd from all such students at the timeof admission. Respondent No.2 is directed to fiie al! the inspection reports submitted by the panel of inspectors.timetQtime. ~ In the meanwhile, respondent No.2is permitted to serve the petitioner a notice communicating the deficiencies, if any existing in ths petitioner — institutionwithinaperiodofoneweekfrdmtoday.On suGh communicatjpn, the petitjoner shall rectify ths deficienciespbintedoutandsubmitcompliance report within a period of one week after receivjng the communication frpm respohdeht No.2 and the same shall be verified by respondent N6,2 withina perjQd of further one week from the receipt of compliance -^\ ^' ...l- ^ report. The above exercise shall be completed latest by30.09.2006. The said orderwas challenged by way of Special Leave Petition by respondent No.2 before the Apex Court. in view of the order passed by the Onion of India giving admission to lOOstudents, the Speciat Leave Petitionwas dismissed as having become infructuous. It has been submitted by Shri Kanak Tiwari, learned Senior Advocate that petitioner No.1 - College is governed byold regutations under Sectiori 10A read with Section 20 ofthe Dentists Act, 1948. The relevant portion which is-applicable in the case ofthe petitioner - College isasfollpws: "Thjs process of renewal of permission will continye tiil such time the establishment of the Dental College and expansibn of the hospital facilities is completed and a formal recognition will be granted after four years ofthe Dental College by the Dental Council of India. Unless the College fulfills the requirements for various stages of development to the satisfaction of the Dental Council of India further admission are liable to bestopped." . However, new regulations provide that prpcess of renewal of permission would notapply afterfirst batch ofstudentstake final year examinatioh. It has been informedto this Court that the first batch of students including petitioner Nos. 2 to 21 have completed their four years of studiesand haveentered into internship period of one year to be completed on 30 September 2007. According to thepetJtioners, new regulations s&ught to be applied by the Council provide for »J." r ..-ir~ renewal of permission under Clause 11, which is reproduced for the sake of convenience. "11. Renewal of permission :- (1) Admissions of the next batches shal! not be made by the dentaicoilege unless the permission granted under regulation 10 has been renewed by the Central Government. (2) the application for renewal of permission shall be submitted to the Council with a copy to the Central Government, six months prior to the expiry of the current academic session. The recommendation of the Council in all cases ofrenewal shall be made by 15 June and the Central Government sha!l issue final orders regarding renewal of permission by 15 July ofeachyear. Provided that the processof renewal of permission wi!i not be applicable after the completion of phased expansion of the infrastructure facilities and teaching faculty as per norms laid down bythe Council and the first bateh of students take the final year examinations." According to the petitioners, inspections were made and wheneverany deficiency was indicated, the same was removed. Furlher, most ofthe reports were in favour ofthe petitioner - College. Even, on one occasionthe Council had suo/noto sent 40 students besides the reqyisite number of students who were already pursuing degree for the academic year 2006 - 07. Accordingly, it was submitted that the Gouncil was satisfied about the standards of the College and its facilities & faculties; otherwise they would have not sent the additional students at their own. 10 .-4'ft. -~/'; *• Learned counsel for the petitioners has further heavily relied upon the inspection reports dated 1 st & 2nd March, 2007 and31st May, 2007, which are in favour ofthe petitioner—College and contended that every year renewal is hanging over the head of the petitioner - College like a sword of Damascusand in theprQcess has drawn our attention to Clause 11 ofthe existing regulations referred hereinabove wherein it is provided fhattheproeess of renewal of perrriission will not be applicable after the completion of expansion of the infrastructure and teaching faculty as pemormslaid down by the Council and after the 1 batch 6f the students take final year examination. An attempt was made to demonstrate that infrastructure facility is available. Aecording to the learned counsel, now that is the reasontheCoyncil had suo moto sent 4Q studerits for admission iri the petitioner — Cotlege ancl further the 1 batch of students have also completed 4 years de^ree course and are going to complete internship on 30f September, 2007. The premises ofthe petitioner - college were inspected twjce; firsttitne on 1st&2"d:March,2007andsecQndtimeon 31st May,2007. Thefollowing are the inspection reports of the two inspections : "The Executive Committee does not recommend to the Centrai Government recognize the BDS Degree awarded by R. Ravishankar Shukla University, Raipur (C.G.) in respect of BDS students of Chhattisgarh Dental College & Researeh Institute, Rajnandgaon with lOOseatsduetothefollowingdeficiencies:- 1, Dr. Sunil Tajeswi, Reader in Conservative Dentistryisnotaccepteclsinceheisvisitingfrom Bangalore and he has not furnished reiieving v 11 ^.J- 'w -.^ -•i- •^^ order from the previous iristitute i.e. CIDSH, Lucknow. The following teaching staff are not accepted since theyare visiting:- (i) Dr. Nitin A Vaidya, Reader, Prosthodontics (ii) Dr. (Mrs.) Vidya N Vaidya, Reader, Prosthodontics. (iii) Dr. S. Sridhar Reddy, Reader, Prosthodontics. (ii^ Dr. Siddhartha P. Mosbi, Professor, Orai Pathology (v) Dr. S.S: Patil Professor, Conservative Dentistry. (vi) Dr. M. Nirarijan Kumar Giriraj Naidu, ProfessoF, Oral Surgery. (vii) Dr. Dhananjay H. Barde, Reader, Oral Surgery. (viii) Dr. Praveen Kumar Lambade, Reader, Oral Surgery. (ix) Dr. (Mrs) Usha Shenoi, Professor, Orthodontics . (x) Dr.Sujata Rath, Reader, Pedodontics Dr. (Mrs.) Manjari Thakur, Professor, Oral Pathology is notaecepted since she is visiting from Nagpur. Dr. Chi Koy Wang, Reader, Conservative Dentistry is not accepted since he is visiting from Calcutla. Dr. Sunil Mangalam, Reader; Conservative Dehtistry is not accepted since he is visiting from Hyderabad: Dr. Chandika V.V. Sridhar, Reader, Orthodontics is not accepted since he is visiting from Hyderabad. \ ^.•^~ \.:\ .\ \ y 12 _tv ..-^" € \.J--' •:&- 7. Dr. Maduva Subhash Babu, Reader, Community Dentistry is notaccepted sinee he isvisiting from Hyderabad. 8. Dr. Bikash Kumar Pattanaik shown as Lecturer joined on 10.8.2005 does not have reiieving order from Govt. Dental College, Mumbai. 9. Dr. Shaju Jacob P, Reader, Periodontics is not accepted since he has not furnished the residence proof. 10. Dr. Durganandan Jana shown as Reader in Physiology is not accepted since he has not completed one year ih the previous institution. 11. Clinicalmaterialisinadsquate(150botholdand new) The above said decision of the Executive Committee is cbmmunicated to you for your information and necessary action in the matter with a request to furnish the Compliance Report by 18-05-2007." insDectionReportdated 31st Mav. 2007: The ExecutiveCommittee does not recommend to the Central Government to recognize the BDS Degree avvarded by Pt. Ravishankar Shukla University, Raipur (C.G.) in respect of BDS students of Chhattisgarh Dental Gollege & Researeh Institute, Rajnandgaon with 100 seats due to the following deficiencies:- 1. The following teaching staff are not accepted since they are visiting:- (i) Dr. Nitin A Vaidya, Reader, Prosthodontics (ii) Dr. (Mrs.) Vidya N Vaidya, Reader, Prosthodontics. (iii) Dr. S. Sridhar Reddy, Reader, Prosthodontics. 1"!» }• ••*• -^ 13 (iv) Dr. Siddhartha P. Mosbi, Professor, Oral Pathology (v) Dr. S.S. Pati! Professor, Conservative Dentistry. (vi) Dr. M. Niranjan Kumar Giriraj Naidu, Professor.OralSurgery. (vii) Dr. Dhananjay H. Barde,Reader,Oral Surgery. (viii) Dr. Praveen Kumar Lambade, Reader, Oral Surgery. (ix) Dr. (Mrs) Usha Shenoi, Professor, Orthodontics (x) Dr. Sujata Rath, Reader, Pedodontics 2. Dr. (Mrs.) Manjari Thakur, Professor, Oral Pathologyis not accepted since she is vjsiting from Nagpur. 3. Dr, Chi Koy Wang, Reader, Consen/ative Dentistry is riot accepted since hs is visiting from Calcutta. 4. Dr. Sunil Mangalam, Reader, Consen/ative Dentistry is not accepted since he is visiting from Hyderabad. 5. Dr. Chandika V.V. Sridhar, Reader, Orthodontics isnotaccepted since he is visiting from Hyderabad. 6. Dr. Maduva Subhash Babu, Reader, Community Dentistryis notacceptedsince he isvisiting from Hyderabad. 7. Clinical material is inadequate (150 both old and new) The Government of India and competent authorities viz. State Government of Chhattisgarh and concerned University may be asked not to admit thestudents for the academic year2007-2008 atthe said college till the Centcal Government recoghize the BDS Degree a 14 ..A- ^ awarded by M. RavishankarShukla University, Raipur (C.G.) in respect of BDS studehts of Chhattisgarh Dental College & Researeh Institute, Rajhandgaon." Petitioner - College responded by writing number of letters as contained in Annexure P/13, P/16 and P/17 by furnishing varioys details and prayingthe Councilfor recommending to Union of Indiafor grant of recogriition. Learned counsel for the petitioners has drawn our attention towards the fact that ih violation of the new regu!ations the Council got the inspectioh 6f the college done on 1st— 2 March 2007, on the basis ofwhich a communication was sent ori 8 May, 2007 to petitioner No.1 - College enlisting the defieiencies which were promptly repliecl by petitioner No.1 — Gollege on 16th May, 2007, as contained in P/20 indicating therein that the only deficiencypdinted out by the Council was wjth regard toseveral facuity members terming them to be the visiting Professors although all of them were full time faculties; none of them were recruited in the year 2007-08and were working continuously on the full time basiswith the college and were getting their salary and earlier the couneil has approved some of the facylties forthe lastfive years. Our attention has also been drawn to the fact thatrespondent No.1 has written to the Council on ^3.07.2007 and 04.07.2007 enclosing therewith the report obtained from the Director, Medieal Education, Governmentof Chhattisgarh, dated 29.06.2007 (whichisin fact, in favour of the petitioner) and final compliance report of the college dated 27.06.2007 directingtheCouncil to reconsider the case of the petitioner - Coliege for recognition by relaxing some rigid 15 ¥ .,f: y ^. conditions imposed upon the petitioner-College. However, in spite of the same, the Council sent a negative recommendation on 09.07.2tt)7 to respondentNo.1 and on the basis of the same, respondent No.1 refused recognition forthe year 2007-08 by letter dated 25.07.2007, observing asfollows : "3. After taking into consideration the number & nature of deficiencies pointed by the Council, it has been decided for not recognizing the BDS Degree ' awarded by Pt Ravishankar Shukla University, Raipur (CG) in respect of BDS students of Chhattisgarh Denla! College, Rajnandgaon, Chhattisgarh involving the permission for admitting its next batch of students in BDS Course for the academic session 2007-08." it has been contendedon behalf of the petitioners that the said decision is not only arbitrary, ma/a ffcfe but without application of mind. However, petitioner No.1 - College Was further advised to take necessarysteps to rectify the deficiencies and forward the compliance report at apprppriate time to the Secretary, Dental Council of India for recognition of BDS Degree awarded by the Pt.Ravishankar Shukla Uniyereity, Raipur (CG) in respect of BDS students of petitioner - Coliege. The petitioners brought on record eertain inspection repprts and had submittedthat even the inspeGtion reports which are noton record are alsojn favour of the petitioner—Coilege. In spite ofthesame, negative communication has been sent by the Council which is led to irreparable loss and injury to petitioner - Cbiiege. Accordingly.the record was sent for from the Councii and was produced on the last dateofhearing. N,.. ,y 16 jft— Y -X t Petitioners No.2 to 21 were about to finish their internship and are facing bleak future as the Councii came to the conclusion that the BDS examinations eonducted bythe Pt. RavishankarShuklaUniversity are not worth recognition and in case the recognition is not granted, their future wili hang in balance, though they belong to old and prestigious dental cotlege of Chhattisgarh. Learned counsel for the petitioners further contended that the faculty, namely, Dr. S.P. Mosbyattendedthe inspection on 18t & 2"z' March,2007 in the college, however, this time he was not accepted as permanent faculty and was only accepted as visiting Professor of the college and was considered to be resident of Amravati (Maharashfra). However, said Dr. S.P. Mosby attended the inspection in May,2007 and has been treated as a full time faculty in Maitre Dental Coilege, Durg and considered as full time Professor. Learned coun$el further contended that for the year 2005-06 the said Professor was considered to be regular staff of the petitioner- College. It has been further contended that ene faculty namely Prof. Dr. Manjari Thakur attended two inspections on 1st & 2nd March, 2007 and 31st May, 2007 in the college of the petitioner No.1, but was not considered as fuil time professor and was treated as visiting Professor, althoughshe has been working in thecollegeof the petitioner since 2001 and has been accepted by the Council as full time Professor and also by the Union of India. It was pointed out that the said deficiency was not treated as deficiency by the Unionoflndia in the year 2006-07 and permission was granted. Learned counsel for the petitioners has piaced reliance on the dedsion of the Apex Court in the caseof Mridul Dhar (mi'nor) and ^^n^ksi.r^^.fiaisS. 'i^~ --^, '^——^.^•^^"ati.ij^s^^i^r;^;^!^^ :^:.;': : -/. 17 ^•< •^•:..i! .>lvv -k another Vs. Union of India andothers{2005) 2 SCC 65 wherein the Apex Court has fixed the time schedule for the purposes of admission and 30 September is the last date for admissions. The retevant schedute is as under: "Schedule for admission FlrstMBBS/BDScourse Postgraduate courees Superspeclality course All-1ndia Quota State quota All-lndia quota State quota Conductof entrance Monlhof Monthof Examlnation May May .Declaratlonofresult By5thJune By 15* of quallfyingexam/ June entranceexam Second Mid-Janto Sundayof mld-Feb January Thlrilu'eekof By 28th Feb .February May-June By30tt'June Flret round of counselling/ admission 20thto29tt' June To be over 5th March to by 17th 22nliMarch July To be over To be over by25tt'Aprtl by25a'July Lastdateforj'olnlng 18thJuly' the allotted college and couFse 29e'July 7*'April 1st May 31" July Secondroundof Counselllng or allot- ment of seate from waifing llst Lastdateforjolning for candidates allotted seats in secondround ofcounsellingor fromthe waltlng list Commencement of academic sesslon 1" August to 25" to 28'1' No second. 8 August August counselling 22"dAugust 30'" (seats vacant August after thls date wlll be surren- deredtothe State/colleges) Between 1a August to 31ttAugust Aner7thApril, vacant seats will stand surrendered backtothe States/ colteges No second Nosecond counselling counselling Nof Not applicable applicable /ind May Lastdate up to which 30'" September Sfcidents can be admittedagalnst vacancles an'sing due toanyreason 31st May 1s!August 30" September Learned counsel for the petitioners further contended that for the last year ori the same faculty members renewal was done. However.againon thesame faculty members now the objection has been raised which is baseless and cannot be relied upon. In support, leamedcounsel has relied upon the decision of the Himachal Pradesh Migh Court in the case of State of Himachal Pradesh Vs. Union of 18 er\ y^ .J ^' ~"s. Indla and another AiR 1998 Himachal Pradesh 46 wherein it