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Issues Involved:
1. Propriety of the Ministry's conditional renewal of permission. 2. Validity of the Central Government's renewal of permission beyond the stipulated deadline. 3. Appropriate time schedule for renewal of permissions. Detailed Analysis: Issue 1: Propriety of the Ministry's Conditional Renewal of Permission The Ministry of Health and Family Welfare granted renewal of permission to the petitioner College for the academic year 2010-2011, but with a condition that the College must obtain an order from the Supreme Court to validate the permission beyond the stipulated deadline of 15th July. The Court found this condition improper and irregular, stating that the executive power to grant permissions under Section 10-A of the Dentists Act is not subject to the control or supervision of the judiciary. The Court emphasized that the judiciary has no role in the decision-making process of granting or refusing permissions under the Act, and such a stipulation by the Ministry amounts to shirking its responsibility and improperly involving the judiciary in executive decisions. Consequently, the Court quashed this condition. Issue 2: Validity of the Central Government's Renewal of Permission Beyond the Stipulated Deadline The Central Government, following a High Court directive, granted renewal of permission to the petitioner College beyond the 15th July deadline, as stipulated in the DCI Regulations. The Court clarified that the 15th July deadline mentioned in Mridul Dhar v. Union of India pertains to medical colleges and not dental colleges. The DCI Regulations do provide a 15th July deadline for dental colleges, but the Central Government has the discretion to modify this schedule for specific categories of applications, as per Note 2 to the Schedule of the DCI Regulations. Given that the delay was beyond the control of the petitioner College and the last date for admissions had not expired, the Court deemed the renewal of permission valid. Issue 3: Appropriate Time Schedule for Renewal of Permissions The Court noted the need for a distinct time schedule for renewal of permissions, separate from the schedule for new permissions. The current DCI Regulations apply a similar time schedule for both, which is not practical given the different nature of these applications. The Court suggested that the DCI and the Central Government consider amending the Regulations to provide a shorter and distinct time schedule for renewals, allowing dental colleges to file applications until the end of February, with the process to be completed by 15th June. Conclusion The Court allowed the writ petitions as follows: (a) Quashed the condition imposed by the Central Government requiring the dental colleges to secure orders from the Supreme Court approving the renewals of permission. (b) Declared the renewal of permissions issued by the Central Government for the academic year 2010-2011 as valid.
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