Amreshwar Pratap Sahi, J. - (1.) THIS petition has been filed praying for quashing of the order dated 25/27th August, 2009 Annexure -36 to the writ petition passed by the Respondent No. 1 -Ministry of Health and Family Welfare, New Delhi, intimating the Petitioner that the admission capacity of the students for the session 2006 -07 onwards has been redetermined in terms of the MDS Regulations 1983, Dental Council of India Regulations, 1983 and 2006 and the Dentists (Amendment) Act, 1993. Further the impugned communication also prohibits the Petitioner - institution from admitting any students in the MDS Course in various specialities for their Academic Session 2009 -10. A further direction has been issued to the College to submit the scheme of two specialities, namely, Conservative Dentistry and Oral Pathology.
(2.) A further mandamus has been prayed for to allow the Petitioner - college to enroll fresh candidates in the M.D.S. Course against 47 seats for all the aforesaid Academic Sessions and to allow the College to conduct practical examinations and other examinations in the terms prayed for. It is essentially a challenge to the recommendations of the Dental Council as accepted by the Central Government and the matter has been contested by the Council by filing a counter affidavit.
(3.) THE matter had been heard earlier whereupon the judgment was reserved. Before delivering, certain developments were brought to the notice of the Court through an application dated 19.5.2007 whereupon a short rehearing took place on 25.5.2011. Certain orders passed on 30.12.2010 calling upon the Petitioner to furnish an undertaking and instructions have been issued by the Government to the Council for taking exams. The said developments are only consequential and have no bearing presently so as to detain the matter any longer.;