Shah, J. - (1.) Leave granted.
(2.) Dental Council of India has challenged the order dated 15-9-1997 passed by the High Court of Allahabad [R.R.K. Trivedi and M. Katju, JJ.] in Civil Misc. Writ Petition No. 25780 of 1997 (reported in 1998 All LJ 581). The writ petition was filed by the respondent-Subharti K.K.B. Charitable Trust ("Trust" for short) who had established a Dental College at Meerut and applied to the Central Government for permission to commence reaching for academic year 1996-97. It was alleged that respondent-Trust was meeting the qualifying criteria stipulated in the guidelines issued by the Dental Counsel of India ("DCI" for short) regarding establishment of new Dental College having strength of 100 students. Inspection Committee of the Dental College of India gave report in favour of the establishment of college. However, the second Inspection Team while acknowledging that the Dental College has satisfied the qualifying criteria, recommended for starting with the batch of 60 students only and on that basis the Central Government granted permission to the respondent for starting college with 60 students only. Hence, respondent-Trust filed writ petition in the High Court for a mandamus directing the Central Government and the DCI to accord approval to the establishment of Dental College with annual batch of 100 students instead of 60 students. The Court observed that from the second report submitted by the Inspection Committee it appears that the Institution has complied with all the requirements for admitting a batch of 100 students, but strangely enough the comment given at the bottom of the second report that the existing infrastructure in terms of land building, equipment and staff etc. was adequate for 60 admissions. The High Court also held that no proper reason was assigned as to why the DCI permitted only admission of 60 students instead of 100 students when the Institution has complied with all the requirements as per the guidelines of Dental Council of India for admitting 100 students. The Court, therefore, held that the authority has acted arbitrarily since despite the Institution's having all infrastructure and facilities for admitting 100 students as per the guidelines of Dental Council, it was allowed to admit only 60 students. Finally, the Court allowed the writ petition by its judgment and order dated 15-9-1997 and its operative part reads thus :- "In the present case, we find that the authorities have acted arbitrarily since despite the petitioner's having all the infrstructure and facilities for admitting 100 students as per the guidelines of the Dental Council, it was allowed to admit only 60 students. This action of the respondent is clearly arbitrary and illegal. A Mandamus is issued to the respondents to accord approval to the petitioners Dental College for admitting annually a batch of 100 students instead of 60 students." That order is challenged in this appeal.
(3.) Pending hearing in S.L.P. (C) No. 22222/97, the respondent filed another writ petition No. 8299/99 before the High Court. In that petition, the respondent submitted that the High Court vide order dated 15-9-1997 issued a writ of mandamus to the appellants herein to accord approval to the respondent's Dental College for admitting annually a batch of 100 students instead of 60 students, but the appellants were not allowing the students of the batches to appear into Ist year and IInd year examination in 1998-99 on account of pendency of SLP (C) No. 22222/97 against the said order. The High Court by order dated 26-2-1999 directed the appellants herein to allow the students of B.D.S. course of Ist year and IInd year to appear in the examination provisionally and the Director Central Medical Education, UP Lucknow was directed to forward the names of the students in the BDS entrance test for 1998-99 forthwith. The High Court further by order dated 17-4-1999 directed the DCI to get an inspection done of the institution in question by a Commission, which considered; (1) District Judge, Meerut or any Addl. Distt. Judge nominated by him; (2) Principal, Medical College, Lucknow or any suitable person nominated by him; and (3) Dr. K. K. Malhotra (member DCI) Professor in Lucknow Dental College, Lucknow, and to submit report after inspecting the College. Against orders dated 26-2-99 and 17-4-99, DCI preferred S.L.P. (C) No. 8464-65 of 1999 along with Transfer Petition (C) No. 437/99 for transfer of W. P. No. 8299/99 before this Court.;