Dr.B.R.Ambedkar Educational v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.09.2015 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.34597 of 2012 ------- Dr.B.R.Ambedkhar Educational Trust represented by its Secretary Mr.B.Bose Ranipettai, Walajah Taluk, Vellore District .... Petitioner

Versus

1.The Secretary to Government Ministry of Health and Family Welfare Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi 110 011.

2.The Secretary Dental Council of India Aiwan-E-Galib Marg Kotla Road, Temple Lane, New Delhi 110002.

3.The Registrar Tamil Nadu Dental Council Arihant Majestic Towers 5-0-3, No.216, Jawaharlal Nehru Salai Koyambedu, Chennai 600 107 ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Declaration, declaring the Amended Rule 6(2)(h) of 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 as amended by notification dated 22.05.2012 of the 2nd Respondent as unconstitutional, ultra vires of the provisions of the Dentist Act, 1948.

For Petitioner ::: No appearance For Respondents ::: Mr.S.Rathnasabapathy SPCCG for R.1 Mr.S.Yashwanth for R.3 Mr.S.Seethalakshmi for R.2

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) None appears for the petitioner. Mrs.S.Seethalakshmi, learned counsel appearing for the second respondent points out that in their counter affidavit in paragraph-39, they have referred to the Judgment of the Kerala High Court in Sunshine Educational & Charitable Trust vs. Union of India and others in W.P.No.20385 of 2012 dated 22.01.2013 deciding an identical issue against the petitioner therein.

2. That appears to be the reason for the non-presence on behalf of the petitioner.

3. The writ petition accordingly stands dismissed. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar ksr To 1.The Secretary to Government,Ministry of Health and Family Welfare Government of India, Nirman Bhawan, Maulana Azad Road, New Delhi 110 011.

2.The Secretary, Dental Council of India Aiwan-E-Galib Marg, Kotla Road, Temple Lane, New Delhi 110002.

3.The Registrar,Tamil Nadu Dental Council Arihant Majestic Towers, 5-0-3, No.216, Jawaharlal Nehru Salai Koyambedu, Chennai 600 107.

+1 cc to M/S.M.Sriram Advocate sr.49350 +1 cc to M/S.S.Seethalakshmi Advocate sr.49179 W.P.No.34597 of 2012 aa28/09/2015