ARINDAM SINHA,J. - (1.) State of West Bengal moves this Court challenging letter dated 31st May, 2018 issued by Ministry of Health and Family Welfare, Government of India to Principal, North Bengal Dental College and Hospital, in which following was said:- "I am directed to refer to Dental Council of India's letter no.DE-3 (55)/BDS-2018/2264 dated 30.05.2018 (copy enclosed) on the subject cited above and to say that in pursuance of Clause 11A of the DCI (9th Amendment) Regulations, 2017, the Central Government has decided to accept the recommendations of DCI to stop admissions in BDS Course for the year 2018-2019 at North Dental College and Hospital, Siliguri."
(2.) Mr. Majumdar, learned senior advocate, Additional Advocate General, appears on behalf of petitioners and files supplementary affidavit upon leave obtained and copy served in Court. He relies on regulation 11A in 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 which is reproduced below:- "11A- When, upon report by the Executive Committee or the Visitor it appears to the Council that - Any recognised Dental institution does satisfy the requirement of the Council at undergraduate and/or postgraduate level in terms of staff, building, equipment, accommodation, training and other facilities as prescribed in the Dentist's Act, 1948 and Rules and Regulations made thereunder, as amended from time to time it may recommend to the Central Government for withdrawal of recognition of such dental qualification at undergraduate and/or postgraduate level under section 16 A of the Dentists Act and the Central Government may take appropriate action thereon as it may think fit in the facts and circumstances of each case including stoppage of admission at such course(s) of study and training, after an opportunity of hearing is granted to such dental institution."
(3.) He submits, impugned letter was made purportedly in exercise of discretion vested on Central Government by regulation 11A as appears on face of the same. Between acceptance of recommendations of Dental Council of India made by its letter dated 30th May, 2018 and issuance of impugned letter directing the college to stop admissions in BDS course for year 2018-19 there is but one day, impugned letter having been issued the next day, i.e. 31st May, 2018. He submits, it is necessary to say anything more regarding opportunity of hearing denied to the college in matter of stopping its admission process.;