IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10162 of 2010 1. DR. S.M. NAQUI IMAM DENTAL COLLEGE & HOSPITAL, BAHERA, DISTT.- DARBHANGA THROUGH ITS CHAIRMAN S.M. ZAFAR IMAM S/O LATE S.M. ZAREEF R/O VILL.- BAHERA, P.S.- BAHERA, DISTT.- DARBHANGA (BIHAR) Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI 2. THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH & FAMILY WELFARE (DENTAL EDUCATION SECTION), NIRMAN BHAWAN, NEW DELHI 3. THE DENTAL COUNCIL OF INDIA THROUGH ITS SECRETARY KOTLA ROAD, NEW DELHI 4. THE PRESIDENT DENTAL COUNCIL OF INDIA, KOTLA ROAD, NEW DELHI 5. THE SECRETARY DENTAL COUNCIL OF INDIA, KOTLA ROAD, NEW DELHI 6. THE LALIT NARAYAN MITHILA UNIVERSITY THROUGH ITS REGISTRAR KAMESHWAR NAGAR, DARBHANGA, DISTT.- DARBHANGA (BIHAR) 7. THE REGISTRAR LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA, DISTT.- DARBHANGA (BIHAR) ----------- For the Petitioner : Mr.Anjum Akhter, Adv. For the D.C.I. : Mr.S.D.Sanjay, Adv. For the Union of India : Mr.Sarvadeo Singh, Adv. For the intervener res.: Mr.Shardanand Mishra Adv. ------------- 8 14.01.2011 After repeated orders of this Court, a team constituted by the Ministry of Health, Government of India, has inspected the premises of the Institution and has submitted its report. The report has been placed on record by learned counsel for the Union of India through counter affidavit filed on 6.12.2010. Now the Ministry of Health has to consider the inspection report 2 and pass final orders, either way on the same in the matter of permission/recognition to the Institution. Learned counsels agree that under the Dentist Act there is a provision for affording opportunity of personal hearing by the concerned authorities before taking a final decision in the matter. In the Circumstances, the petitioner- Institution is granted liberty to file an application before the concerned authorities for personal hearing in the matter. If such an application is filed, the representatives of the Institution shall be afforded opportunity of hearing by the concerned authority before final decision is taken on the basis of the report. The concerned authority of Ministry of Health, Government of India is directed to take a final decision in the matter within six weeks from the date of filing of the application on behalf of the Institution or from the date of receipt/production of this order, whichever is earlier. With the agreement of learned counsels for the parties, writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)