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Supreme Court of India 2022-04-12 allowed

Dental Council of India vs Biyani Shikshan Samiti & Anr

Bench: 2 — B.R. Gavai

In Brief

The Supreme Court upheld the Dental Council of India's amended regulation requiring new dental colleges to attach to government or recognized medical colleges within 10 km. The respondent, Biyani Shikshan Samiti, challenged this requirement as ultra vires and violating Articles 14 and 19(1)(g). The Court held that the Council, as an expert body, has the power to prescribe additional conditions under the residual clause of the enabling statute. The amended regulation has rational nexus with ensuring adequate teaching and training facilities. Courts cannot substitute their judgment for expert bodies in educational matters. The Division Bench also erred in entertaining a prayer already rejected by the Single Judge. Appeal allowed.

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