DIPAK MISRA,J. - (1.) Though this Court ordinarily is loath to interfere with interim orders or directions issued by the High Court, yet the impugned order dated 27.05.2016 passed in Writ Petition No. 4529 of 2016 by the learned Vacation Judge of the High Court of Judicature at Bombay, Bench at Aurangabad, constrains, in a way, obliges us to pen a verdict with some concern, for abandonment to write a decision in the obtaining circumstances would tantamount to playing possum with the precedents, which need to be recapitulated by the High Courts.
(2.) The facts are simple. The respondent, a dental college, vide letter dated 26.05.2015, submitted its scheme on 29.07.2015 for grant of permission to start post-graduate course of Orthodontics and Dentofacial Orthopaedics along with four other specialties. A team of Dental Council of India (for short, 'the Council'), the appellant herein, conducted a pre-PG assessment of the respondent-college on 17th and 18th November, 2015 and submitted its report to the Council. The assessment report submitted by the said team was placed before the Executive Committee of the Council in its meeting held on 03.12.2015 whereupon the Committee found many a deficiency relating to infrastructure, teaching faculty and other physical facilities in the respondent-college. The Committee decided to call upon the respondent-college to rectify the deficiencies and submit its compliance within seven days. The said decision was communicated vide letter dated 08.12.2015. The respondent-college vide its letter dated 17.12.2015 submitted its compliance report whereafter the assessors of the Council carried out a compliance verification assessment of the respondent-college on 21.12.2015. The case of the respondent-college was placed before the Executive Committee for consideration, which found that the respondent-college fulfilled the eligibility criteria at the undergraduate level. On 29.01.2016, the Council decided to carry out the physical assessment of the dental college in order to ascertain the infrastructure, clinical material, teaching faculty and other physical facilities in respect of four postgraduate specialties and in accordance with the decision, inspection was conducted on 28th and 29th January, 2016. The assessment report was considered by the Executive Committee in its meeting held on 12.02.2016 and it observed that there were deficiencies and the college was required to submit compliance.
(3.) As is evident from the materials brought on record the decision of the Committee was communicated to the college on 18.02.2016 whereupon the respondent-college communicated that the defects had been removed. The Council proceeded to verify the compliance made by the college and keeping in view the various facilities and regard being had to the decision of this Court in Royal Medical Trust (Registered) and another v. Union of India and another, 2015(4) S.C.T. 140 : (2015) 10 SCC 19 decided to recommend to the Government of India not to grant permission to the respondent-college for starting the post-graduate courses. The Government of India, after affording an opportunity of hearing to the respondent-college, vide letter dated 21.03.2016, required the Council to verify/review the schemes and further desired to furnish its revised recommendation.;