High Court of Delhi

Swami Vivekanand Subharti University v. Union Of India & Anr.

MANU/DE/3291/2016

08.12.2016

Education

University established by law in State granting recognized dental qualification, is entitled to representation in Dental Council of India

Petitioner, by present petition, seeks a direction to Respondent – Union of India to accept nomination of an elected representative of Petitioner as a member in Dental Council of India. Representation is sought under Section 3(d) of Dentists Act, 1948. Respondent – Union of India has opposed petition, primarily, on ground that, representation has not been granted in Dental Council of India from any private University. Further, since, Petitioner is a private University, hence, representative of Petitioner was not notified as a member of Dental Council of India.

In terms of Section 3(d) of Act, from each University, established by law in States and which grant recognized dental qualification, one member, who is elected by members of Senate of University and where there is no Senate of University, by members of Court, from amongst members of Dental Faculty of University and, further, in case University has no dental faculty from amongst members of Medical Faculty thereof, is to be one of members of the Dental Council of India.

Terminology used in Section 3(d) is “University established by law in States”. Requirement of said section is that it should be a University established by law in the States. Contention of Petitioner is that, Petitioner is a University setup under Swami Vivekanand Subharti Vishvavidyalaya, Uttar Pradesh Adhinium 2008, (Uttar Pradesh Adhiniyum Sankhya 29 of 2008) as passed by Uttar Pradesh Legislature and assented to by Governor on September 04, 2008. Said Section does not make a distinction between the Universities. There is no distinction in said Act between private or other Universities.

Stand taken by Respondent – Union of India that they have not notified any member from any private University is not substantiated by provisions of law. Since, Petitioner University is established by law in State, it satisfies requirement of section 3(d) of Act and is thus entitled to a representation of one member on Dental Council of India. High Court allowed writ petition and directed to issue a notification including nominee of the Petitioner University, in the list of members of the Dental Council of India.

Relevant

Section 3(d) of Dentists Act, 1948

Tags : Members list Inclusion Elected representative

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