DIBYENDU MAZUMDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner challenges an order of the Union of India [ UOI ] dated 09.11.2020, by which his election to the post of the President of Respondent No. 2-Dental Council of India [ DCI ] was declared illegal and invalid, and the Vice-President was given charge as the President, DCI.

(2.) The petitioner is a dentist within the meaning of Section 2(e) of the Dentists Act, 1948 [ the Act ]. He was nominated as a member of the DCI by the State of West Bengal, under Section 3(e) of the Act, in the year 2010. He was thereafter elected to the post of President, DCI. On 21.05.2015, after the petitioner s term as a member of the DCI under Section 3(e), he was elected as a member of the DCI under Section 3(d) of the Act from Teerthanker Mahaveer University, Moradabad, Uttar Pradesh.

(3.) However, by a communication dated 11.09.2019, the UOI restrained him from acting as President, DCI on the ground that he had attained the age of 65 years. On 07.10.2019, the UOI declined the DCI s request to reconsider the direction contained in the letter dated 11.09.2019 and clarified that the Secretary, DCI was responsible for ensuring that members whose terms have ended do not continue in the DCI. Against the aforesaid communications dated 11.09.2019 and 07.10.2019, the petitioner has filed a writ petition before the Calcutta High Court, W.P. No. 21456(W) of 2019 , which remains pending. In view of the position taken by the UOI, although without accepting its validity, the petitioner resigned from the post of President, DCI on 14.10.2019.