- (1.) Counter of first respondent-Union of India filed in court. Heard.
(2.) The petitioners in W.P. [C] No. 172 of 2010 are the students admitted in the year 2006-07 to BDS course conducted by the "Mauras College of Dentistry, Hospital and Oral Research Institute" situated at Mauritius (for short "Mauras College"). The said Mauras College is the first petitioner and one of its students admitted to BDS course in 2005-06 is the second petitioner in W.P.(C)No. 202/2010. Mauras College is affiliated to Bhavnagar University, Gujarat (for short 'the University').
(3.) The brief facts leading to these writ petitions are as under : 3.1) Mauras College sought affiliation with Bhavnagar University. The Government of Gujarat and the Dental Council of India had initially some reservation about a college situated in a foreign country seeking affiliation with the Bhavnagar University in India. Subsequently, however, the Government of Gujarat granted a 'No Objection Certificate' on 18.2.2003 for setting up the Mauras College affiliated to the said University, subject to prior permission from Dental Council of India and Ministry of External Affairs. The Ministry of External Affairs, Government of India, granted the necessary clearance for setting up the college on 28.8.2003. 3.2) The representatives of the Dental Council of India and the Bhavnagar University visited the Mauras College at Mauritius and satisfied themselves that the College met with the infrastructural and other requirements prescribed by Dental Council of India for grant of permission to establish the Dental College and for grant of affiliation. The Dental Council of India recommended to the Government of India, that Mauras College be approved. On the recommendation of the Academic Council and Executive Council of the University, the Government of Gujarat granted affiliation of Mauras College to the Bhavnagar University for the academic year 2004-05 and renewed the affiliation for 2004-05 and 2005-06. 3.3) The Mauras College follows the syllabus and the method of teaching prescribed by the Bhavnagar University consistent with the guidelines and regulations of Dental Council of India. The examinations for the BDS course of Mauras College are conducted in Mauritius, by the examiners from the Bhavnagar University deputed from India, exactly at the same time as examinations held in respect of the other Dental College/s in India affiliated to the University. 3.4) The State of Gujarat issued a show cause notice dated 7.1.2006 to the University as to why the affiliation granted to the Mauras College should not be cancelled. The Mauras College filed a Writ Petition [W.P.(Civil) No. 57 of 2006] in this court, praying for a direction that its affiliation to the Bhavnagar University shall not be cancelled by the State of Gujarat. During the hearing of the said writ petition by this court, the Union of India and Bhavnagar University confirmed that the statutory inspections of Mauras College at Mauritius had already been conducted and the College was found to be running with requisite infrastructure and facilities, and therefore the recognition and affiliation could be granted. In view of it, this Court allowed the writ petition by order dated 13.7.2009 and directed that the Mauras College shall be taken as affiliated to Bhavnagar University. In pursuance of it the State of Gujarat and the University proceeded on the basis that the Mauras College was affiliated to the University.;