INDIAN DENTAL ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE point that arise for consideration in these writ petitions is. "whether a "deemed University" under Section 3 of the University grants Commission Act, 1956 falls within the phrase "university established by law" used in Section 3 (d) of the Dentists Act, 1948?"

(2.) THE brief facts leading to these writ petitions are as under. In exercise of the powers conferred under Section 3 of the University grants Commission Act, 1956 (Act No. 3 of 1956) (hereinafter for short referred as 'ugc Act'), the Central Government has declared the fourth respondent as deemed to be a University for the purposes of the UGC Act. The fourth respondent is running five colleges out of which two colleges of dental Surgery which are situated at Manipal and Mangalore. The fifth respondent is the Professor, Head of the Department and Dean in the College of Dental Surgery, Mangalore, belonging to the fourth respondent.

(3.) SECTION 3 of the Dentists Act, 1948 (hereinafter referred to short as 'the act'), which is a pre-constitutionai enactment was passed to regulate the profession of dentistry and for constituting Dental Council in the Country. Fifth respondent was a member of the Council elected by the members of the fourth respondent and was representing in the Dental Council the fourth respondent. In pursuance of an order passed by the Kerala High Court elections were conducted for the Dental Council of India. The elections to the dental Council was held on 14-7-2003. The fifth respondent contested elections from the constituency under Section 3 (c) of the Act and lost the election. Thereafter, he was elected from the constituency of Section 3 (d) of the Act. It is that election of the fifth respondent as representing fourth respondent is challenged in these writ petitions. The petitioners seek a declaration that the deemed Universities under the UGC Act including the fourth respondent are not entitled to be included as constituencies under section 3 (d) of the Act and such inclusion is null and void and consequently a declaration that the election of the fifth respondent to the Dental Council of india from the fourth respondent pursuant to the election held on 14-7-2003 is null and void and for other consequential reliefs.