JHARKHAND HIGH COURT ISSUES ORDER ON VANANCHAL EDUCATIONAL & WELFARE TRUST AND ANOTHER V/S UNION OF INDIA AND OTHERS

RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:

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.

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.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2BnyunxjYYvAjTEs51ds%2B1uQLMNaC5qZQzH1uyaLKGdL&caseno=WPC/1031/2025&cCode=1&cino=JHHC010056342025&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.