PRASENJIT MANDAL, J. - (1.) CHALLENGE is to the notification dated May 21, 2012 and the letters dated July 10, 2012, July 21, 2012, September 4, 2012 being Annexures P-5, P-4, P-8 & P-10 to the application and the application is also for issuance of a writ in the nature of mandamus commanding the respondents to act in accordance with law and other consequential reliefs.
(2.) THE writ petitioner no.1 was permitted to start MDS course in the specialities of diverse course in the year 2009. Then on June 23, 2012 the petitioner no.2 applied for increase of admission capacity from 2 to 6 in the speciality course of Oral and Maxillofacial Surgery. By a letter dated July 10, 2012 the respondent no.2 informed the writ petitioners that in the case of starting of MDS course in the speciality of Oral & Maxillofacial Surgery, the attachment of MCI approved/recognized Medical College within a range of 10 kms. distance is required as per Gazette notification dated May 21, 2012. Accordingly, the petitioners were directed to furnish the prove of attachment with any MCI approved/recognized Medical College within a range of 10 kms. distance in respect of the application for the speciality of Oral & Maxillofacial Surgery immediately to enable the Ministry to process the case further. The Government of West Bengal permitted 6 MDS (Oral and Maxillofacial Surgery) students of the petitioners for rotational posting as observer in the Dental Council of India prescribed departments of college of Medicine & Sagar Dutta Hospital for the Dental Council of India prescribed period of time subject to the conditions that the petitioners have to pay the prescribed fees for the purpose. Thereafter, by the letter dated July 31, 2012 the respondent no.2 informed the petitioners that the application of the writ petitioners for increase of students in respect of Oral & Maxillofacial Surgery has been returned to the writ petitioners due to non-receipt of proof of attachment with the MCI approved/recognized Medical College at a distance of 10 kms. by road, which is an essential qualifying criteria for applying in the said speciality. Thereafter, the petitioner re- submitted the application for increase of the MDS students from 2 to 6 of the said wing only on August 29, 2010. That application was not allowed on the ground that the application was not received by the July 31, 2012 for the Academic Session 2013-14. So, this application has been filed for the reliefs already stated. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the matter involved in the instant application is for increase of seats in MDS course in the speciality of Oral & Maxillofacial Surgery. The petitioners have been permitted to proceed with the said course in respect of 2 seats upon following the rules and regulationss for the purpose. But, in case of increase of seats in the concerned wing, the writ petitioners are required to observe certain formalities as per provisions of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity in Dental Colleges) Regulations 2006 (henceforth shall be called Dental Regulations of 2006 as short). The said regulations of 2006 were amended in the year 2012 and the relevant portion of the amendment which will be applicable in the instant case is quoted below:- "Provided that, no permission for starting of MDS Course in the speciality of Oral and Maxillofacial Surgery shall be granted by the Central Government u/s.10A of the Dentists (Amendment) Act, 1993 unless and until the desirous existing dental college is attached with a Government/Private Medical College approved/recognized by the Medical Council of India located at the distance of 10 kms. by road."
(3.) THUS , we find that when the writ petitioners wanted to increase the number of students in the concerned wing in the year 2012 for the Session 2013-14, the petitioners were required to follow the said amended procedure. So far as materials on record furnished by the petitioners are concerned, I find that the petitioners have contended that they were not aware of such a procedure and as such, they could not furnish the necessary papers in respect of attachment to a Government/Private Medical College approved/recognized by the Medical Council of India located at a distance of 10 kms. by road. Anyway, the said amendment was notified in the Gazette of India and so, it must be complied with along with other conditions, rules and regulationss applicable in the instant case.;