2025:JHHC:13524-DB -1 of 9- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1031 of 2025 1. Vananchal Educational & Welfare Trust (A Registered Trust), having its Registered Office at Aptech Building, S.D.O. Road, Near F.C.I. Godown, Hajipur, P.O. & P.S. Hajipur, District Hajipur, State of Bihar, Pin-844101, through its Managing Trustee-cum-Secretary, namely, Pawan Kumar, aged about 53 years, son of Dinesh Prasad Singh, resident of 136, Near Shiv Mandir, Shivpuri, Lower Hinoo, Doranda, P.O. & P.S. Doranda, District Ranchi, PIN-834002, Jharkhand. 2. Babu Dinesh Singh University, Farathiya, Garhwa, having its office at Farathiya, P.O. & P.S. Garhwa, District Garhwa, PIN-822114, Jharkhand, through its authorized signatory, namely, Pawan Kumar, aged about 53 years, son of Dinesh Prasad Singh, resident of 136, Near Shiv Mandir, Shivpuri, Lower Hinoo, Doranda, P.O. & P.S. Doranda, District Ranchi, PIN-834002, Jharkhand.. … … … Petitioners Versus 1. Union of India, through its Secretary, Ministry of Health & Family Welfare, having its office at Nirman Bhawan, Central Secretariat, Rajpath Area, P.O. & P.S. Rajpath Area, District New Delhi, Pin-110001. 2. Deputy Secretary, Ministry of Health & Family Welfare, having its office at Nirman Bhawan, Central Secretariat, Rajpath Area, P.O. & P.S. Rajpath Area, District New Delhi, Pin-110001. 3. Secretary, the Dental Council of India, Kotla Road, New Delhi-110 002. … … … Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioners: Mr. Sumeet Gadodia, Advocate Ms. Shruti Shekhar, Advocate Ms. Sanya Kumari, Advocate Ms. Nidhi Lall, Advocate For the UOI: Mr. Anil Kumar, ASGI Mr. Abhijeet Kumar Singh, CGC Ms. Chandana Kumari, A.C. to ASGI Mr. Harsh Chandra, A.C. to CGC For the DCI: Mr. Anil Kumar Sinha, Advocate --------- 2025:JHHC:13524-DB -2 of 9- 08/Dated: 05.05.2025 M. S. Ramachandra Rao, C.J. (Oral) 1. Petitioner No.1 is a registered Trust which intended to establish a new Dental College in the name and style of ‘Vananchal Dental College and Hospital, Garhwa’. It obtained the ‘No Objection Certificate’ from the State of Jharkhand and the Ranchi University, Ranchi and applied for permission for establishment of a College with the 1st respondent in terms of Section 10A of the Dentists Act, 1948 (in short ‘the Act’). 2. After satisfying that all the requisite conditions prescribed under Section 10A of the Act are fulfilled, the petitioner was granted permission by the 1st respondent under Sub-section (4) of Section 10A of the Act for establishment of a new Dental College on 18.07.2017. Petitioner was also granted temporary affiliation by Ranchi University in respect of Bachelor of Dental Surgery Course through a notification dt. 06.03.2008 issued by the Ranchi University, Ranchi. 3. Subsequently, with effect from 17.01.2009 the jurisdiction of the Ranchi University, Ranchi was ousted for whole of the Palamau Division including Garhwa district and a new University was established in the name and style of ‘Nilamber Pitamber University’ through an amendment to the Jharkhand State Universities Act in the year 2006. 4. Thereafter, on establishment of Nilamber Pitamber University, Palamau affiliation of the 1st petitioner-College was to be granted by the said University and a notification contained in memo dt. 26.02.2011 was issued and extension of affiliation was granted to the petitioner by the said University for the academic years 2007-11, 2008-12, 2009-13 and 2010-14. 2025:JHHC:13524-DB -3 of 9- 5. An amendment was also carried out in terms of Sub-section (2) of Section 10 of the Dentists Act, 1948 in Part-I of the Schedule to the Dentists Act, 1948 on 31.10.2011 by the Ministry of Health and Family Welfare, Government of India. Subsequently, permanent affiliation to the Dental College was granted by the Nilamber Pitamber University on 23.09.2014 from academic session 2013-14 for the Bachelor of Dental Surgery Course. 6. According to the petitioner, the Dental College even started offering MDS Courses subsequently from the academic session 2014-15 in certain specialties and in academic session 2016-17 two more specialty courses were added for which recognition was also granted by the 1st respondent on 30.03.2015. There was an amendment made in Part-1 of the Schedule to the Dentists Act, 1948 also recording that the Dental College of the petitioner was recognized for grant of specialization degree even in respect of MDS Courses on various subjects on 05.03.2018 and 28.02.2019. 7. Petitioner No. 1, being sponsoring body, applied to the State of Jharkhand for conferring it status of a Private University and thereafter, the State of Jharkhand enacted Act 6 of 2023 through a notification dt. 17.02.2023 promulgating the Babu Dinesh Singh University Act, 2022 conferring status of Private University to petitioner No. 2. Under Section 3(7) of the Act 6 of 2023 constituent colleges and institutions of the sponsoring body which were affiliated to, and enjoying the privilege of any University would be deemed to be withdrawn and such privilege would be deemed to be admitted to the newly established Private University i.e. Babu Dinesh Singh University. 2025:JHHC:13524-DB -4 of 9- 8. Consequent on the incorporation of the Babu Dinesh Singh University Act, 2022, the Dental College established by the petitioner No. 1 Trust stood transferred from the Nilamber Pitamber University, Palamau to the Babu Dinesh Singh University. 9. A memo dt. 19.11.2024 was also issued by the Nilamber Pitamber University transferring of the colleges earlier affiliated under it which were established by the petitioner-Trust to be affiliated with the Babu Dinesh Singh University (Annexure-15). The Babu Dinesh Singh University, 2023 in exercise of power conferred under Section 3(7) issued a notification on 06.01.2025 affiliating various colleges established by sponsoring body i.e. petitioner No. 1 with petitioner No. 2 University. 10. The petitioner No.-1 then wrote to the Dental Council of India on 30.06.2023 for grant of approval regarding recognition of the degrees to be granted by the 2nd petitioner University to its students. 11. The Dental Council of India through a letter dt. 25.07.2023 (Annexure-19) informed the 1st petitioner that for change of affiliating University, Government of India, Ministry of Health and Family Welfare, New Delhi is to be contacted. 12. The petitioners contend that they had filed several representations before respondent No. 1, but at the time of filing of the Writ Petition there was no communication made by respondent No. 1 to the petitioners either intimating the petitioners that Part 1 of the Schedule to the Dentists Act, 1948 stands amended or the requisite amendment is being carried out under the said Schedule. Petitioners have stated that on account of inaction of the 1st respondent, several students of the petitioner-University are suffering 2025:JHHC:13524-DB -5 of 9- and that examinations are scheduled to take place for the BDS Course in February, 2025 and December, 2024 to the MDS Course and their life will be in jeopardy if the amendment is not carried out to the Schedule. 13. Petitioners, therefore, sought for the following reliefs: “(i) For issuance of an appropriate writ/order/direction including Writ of Declaration, declaring that 'Part-I of the Schedule to The Dentists Act, 1948 being Serial No. 102' is deemed to have been amended in terms of the provisions of Section 10 of The Dentists Act, 1948 and the name of 'Nilamber Pitamber University, Palamu' is deemed to have been substituted with the name of Petitioner No. 2 namely, 'Babu Dinesh Singh University, Farathiya, Garhwa' relating to grant of Degree of Bachelor of Dental Surgery and Master of Dental Surgery Degree pertaining to Vananchal Dental College & Hospital, Garhwa established and run by petitioner No. 1-Trust. (ii) For issuance of further appropriate writ/order/direction including Writ of Declaration, declaring that Degree of Bachelor of Dental Surgery and Master of Dental Surgery Degree awarded by petitioner no. 2 to its students would be deemed to be recognized Dental Qualification for the purposes of The Dentists Act, 1948 and petitioner no. 2- University is entitled to award Degree of Bachelor of Dental Surgery and Master of Dental Surgery Degree in terms of recognition already granted in its favour by Respondent No. 1 in terms of Section 10(2) of The Dentists Act, 1948. (iii) For issuance of further appropriate writ/order/direction including Writ of Mandamus, permitting petitioners to hold examination of Degree of Bachelor of Dental Surgery and Master of Dental Surgery Degree courses pertaining to academic sessions which are already due. (iv) In alternative to prayers (i) to (ii) above, petitioners pray for issuance of appropriate writ/order/direction including Writ of Mandamus directing Respondent No. 1 to amend 'Part-I of the 2025:JHHC:13524-DB -6 of 9- Schedule to The Dentists Act, 1948 being Serial No. 102' by substituting the name of 'Nilamber Pitamber University, Palamu' with the name of petitioner no. 2-University i.e. 'Babu Dinesh Singh University, Farathiya, Garhwa' and to consequentially recognize the Degree of Bachelor of Dental Surgery and Master of Dental Surgery Degree awarded by it to its student as being valid in law.” 14. In the counter affidavit filed on behalf of the Ministry of Health and Family Welfare, Government of India, it is contended that the College should apply to the Ministry for change of University/recognition of degree; that the Ministry forwards the request of the College to the Dental Council of India; and thereafter the Dental Council of India takes up the request and follows the appropriate procedure in the matter. It is stated that the said Council is the regulatory/technical body constituted under the Dentists Act, 1948 and that it conducts the required inspection and sends it’s recommendation to the Ministry; and the Ministry then grants renewal/recognition/permission to start/increase seats at any College only after receiving recommendation of the Dental Council of India. 15. It is contended that the Dental College i.e. the petitioners are required to submit an application to Central Government requesting it’s change of its affiliating University and then the Central Government will follow the above procedure of forwarding it to the Dental Council for appropriate inspection as mentioned above, and only when a recommendation comes, they would take any action. 16. It is not denied that there was no communication addressed to the petitioners by the 1st respondent at any point of time but reference is made 2025:JHHC:13524-DB -7 of 9- to certain letters addressed to the Dental Council of India by the 1st respondent. It is also stated that legal opinion was obtained from the Department of Legal Affairs, Ministry of Law and Justice in the matter and that the Department of Legal Affairs was in agreement with the views of the Dental Council of India and the administrative machinery. 17. Heard the counsel for the petitioners, the counsel for the Union of India and the counsel for the Dental Council of India. 18. The issue falls within the short compass as to interpretation of Section 10(2) of the Dentists Act, 1948. Section 10 clause (1) and (2) state as under:- “10. Recognition of dental qualifications. - (1) The dental qualifications, granted by any authority or institution in India, which are included in Part 1 of the Schedule shall be recognized dental qualifications for the purposes of this Act. (2) Any authority or institution in India which grants a dental qualification not included in Part 1 of the Schedule may apply to the Central Government to have such qualification recognized and included in that Part, and the Central Government, after consulting the Council, and after such inquiry, if any, as it may think fit for the purpose, may, by notification in the Official Gazette, amend Part I of the Schedule so as to include such qualification therein, and any such notification may also direct that, an entry shall be made in Part I of Schedule against such dental qualification declaring that it shall be a recognized dental qualification only when granted after a specified date.” (emphasis supplied) 19. A reading of the above two Sub-sections indicate that recognition for the first time of the dental qualifications granted by any authority or 2025:JHHC:13524-DB -8 of 9- institution of India is as per the procedure of inspection etc. followed by the Dental Council which is then forwarded to the Ministry of Health and Family Welfare of the Union of India and then the institution including the qualifications are included in Part I of the Schedule. Sub-section (1) of Section 10 provides for this. 20. Sub-section (2) of Section 10 on its plain reading states that only if any authority or institution in India which grants a dental qualification is “not included” in Part I of the Schedule, it may apply to the Central Government to have such qualification recognized and included in that part and the Central Government, after consulting the Council and after such enquiry, if any, as it may think fit for the purpose, may by notification in the official Gazette amend Part I of the Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in Part I of the Schedule against such dental qualification declaring that it shall be a recognized dental qualification only when granted after specified date. 21. 21. On a plain reading of Sub-section (2) of Section 10 of the Act, it is clear that it will not apply to an authority or institution in India which grants a dental qualification which is already included in Part I of the Schedule. There is no dispute in the instant case that there was already an inclusion of the 1st petitioner-institution in Part I of the Schedule (Annexure-8 page 41 on 31.10.2011 and again on 30.03.2015 vide Annexure-12 page 46) . 22. We fail to understand why the 1st respondent is insisting that the petitioners whose name and institution and the University are already 2025:JHHC:13524-DB -9 of 9- mentioned in Part I of the Schedule to the Dentists Act, 1948 by the above notification should again undergo the same process as if the petitioners are seeking first time inclusion in Part I of the Schedule. The interpretation pressed by the 1st respondent on Sub-section (2) of Section 10 runs contrary to the law made by the Parliament and the respondents cannot be allowed to interpret the plain language of the Statute in such a way to the prejudice of the petitioners. We have already pointed out that the stand of the Dental Council of India is that only the 1st respondent can amend the Schedule and substitute the name of the University vide Annexure-19 dt. 25.07.2023 and it has got nothing to do in the matter. 23. We completely agree with the said interpretation of the Dental Council of India and hold that the stand taken by the 1st respondent is incorrect and contrary to Sub-section (2) of Section 10 of the Act. 24. Therefore, the Writ Petition is allowed, as prayed for and the respondents are directed to forthwith amend Part I of the Schedule to the Dentists Act, 1948 at serial No. 102 by substituting in place of the “Nilambar Pitambar University” column, the name of “Babu Dinesh Singh University, Farathiya, Garhwa”. The said exercise shall be completed within four weeks from today and the amended notification copy shall be furnished by the 1st respondent to the petitioners immediately thereafter. 25. Pending interlocutory application, if any, stands disposed of. (M. S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) N.A.F.R. APK/VK