- (1.) The petitioner is a registered society. It is aggrieved by the decision of the Director of Medical Education and Ex Officio Secretary, Department of Health and Family Welfare, Government of West Bengal dated August 24, 2004, which is: "The rule is laid down by Dental Council of India - 'It is further certified that in case the appellant fails to create infrastructure for the Dental College as per Dental Council of India norms and fresh admissions are stopped by the Dental Council of India, the State Govt. shall take over the responsibility of the students already admitted in the college with permission of the Central Govt.' - in this regard it may be stated that we can not comply with the said rule and we can not take any responsibility of the proposed Dental College at present accordingly, on the event you fail to create necessary infrastructure."
(2.) With a view to establishing a dental college the petitioner submitted the requisite application for permission of the central government on May 1, 2004. The permission was required because of provisions in the Dentists Act, 1948, section 10A that put a prohibition on establishing a college such as the one the petitioner wanted to establish, unless the person intending to establish it obtained previous permission of the Central Government.
(3.) In terms of rules and regulations of the Dental Council of India constituted by the Central Government under provisions in section 3 of the Act, the application was to be backed by an essentiality certificate, regarding the desirability and feasibility of the college, given by the State Govenment. The form of the certificate given in circular of the council No. DE-22 2002/9814 dated March 7, 2003 was this: "it is further certified that in case the applicant fails to create infrastructure for the dental college as per Dental Council of India norms and fresh admissions are stopped by the Dental Council of India, the State Government shall take over the responsibility of the students already admitted in the College with the permission of the Central Government.";