- (1.)This appeal by the Dental Council of india is directed against the impugned judgment dated 25.10. 2000 of the division bench of Patna High Court in letters patent appeal no. 824/2000. The governing body of Budha Institute of Dental Science filed a writ petition before the High court of Patna making a grievance that the publication of the council dated 9.4.1994, indicating admission intake capacity at 40 students, as well as the subsequent letter emanating from the office of the governor of Bihar to the vice chancellor of Magadh University dated 1.2.1997 and the ultimate decision of the vice chancellor of the university dated 3.7.1997 permitting the institute to admit only 40 students per year, are erroneous and based upon several misconceptions.
(2.)The Dental Council appeared before the High Court and took a stand that at no point of time, there has been any application on behalf of the institute seeking admission of more than 40 students per year and there are large number of documents to indicate that what was sanctioned was only intake capacity of 40 students only.
(3.)The learned single judge of the High court of Patna, however, on a construction of the documents that were placed before him, came to the conclusion that there was no condition in the permission letter that was granted to indicate that the minimum capacity of admission should be only 40 students per year and, on that basis, ultimately struck down the relevant letters issued from the university restricting the admission per year to 40 students. The learned single judge further directed that a fresh inspection be made and it may be determined as to what would be the permissible intake capacity per year and on the basis of the fresh inquiry a final decision be taken by the appropriate authority.