Priya Darshni Dental College & Hospl vs Union Of India & Ors

Issue rule nisi. Heard finally by consent. As these cases involve a similar issue, they are disposed of by this common order. For convenience we will refer to the facts from the lead matter [W.P.(C)No.319 of 2010].

3. For the academic year 2010-2011, the petitioner made an application for fourth year renewal permission, to the Dental Council of India (`DCI' for short) on 24.2.2010 enclosing therewith a form containing the particulars of teaching staff, infrastructure etc. as also a demand draft for Rupees one lakh towards the inspection fees. In pursuance of it, the DCI Inspectors carried out an inspection on 26.4.2010 and submitted a Joint Inspection Report to DCI. Based on the said report, the DCI by communication dated 17.5.2010 informed the petitioner college about the deficiencies in faculty, equipments/instruments and library, with reference to the DCI Norms, and called upon the college to rectify the deficiencies and furnish a compliance report within five days.

13. In view of the directions in Mridul Dhar, DCI in consultation with the Central Government, provided a time schedule, while making the Dental Colleges 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 (for short `DCI Regulations'). As per the 11 DCI Regulations, the last date for grant of permissions and renewal of permissions by Central Government is 15th July. We may refer to relevant provisions of the DCI Regulations.

ment, for reasons to be recorded in writing, in respect of any class or category of applications."

(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 of renewal shall be made by 15th June and the Central Government shall issue final orders regarding renewal of permission by 15th July of each year.

A suggestion for modification of time schedule

20. The need for renewal of permission emanates from the fact that a newly established college is not required to have in place, full complement of the teaching faculty and complete infrastructure in the first year itself. This is because, during the first year, the college will be catering only to a limited number of first year students. During the second, third and fourth and fifth years, the student strength will increase. If the permitted intake is 100, usually there will be 100 students in the first year, 200 students in the second year, 300 students in the third year, 400 students in the fourth year and 500 students in the fifth year. Thereafter, the strength may remain constant. As the strength increases gradually every year, correspondingly the infrastructure and faculty will have to be increased. The DCI Regulations contemplate new dental colleges being established and started with limited infrastructure and faculty, and making "provision for expansion of teaching staff and infrastructure facilities in a phased manner as per Annexures III and IV to the regulations"