DR. VIVEK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition impugns Order dated 11th May, 2021 issued by the respondent no.1 (Government of India) by which respondent no.1 has asked the respondent no.3 (Dr. Ashok Khandelwal) to discharge the functions of President of the respondent no.2, Dental Council of India (council) with immediate effect. A further direction is sought to the respondent no.2 council to elect a Chairman of the respondent no.2 council through the process of circulation, as provided in Clauses 3 (5) and 8 of the Regulations of the Dental Council of India, 1956 (Regulations) till the posts of President and Vice President remain vacant.

(2.) Along with the said writ petition, the petitioners have also filed the present application, being C.M. No.16529/2021 for staying the operation of the impugned Order dated 11th May, 2021.

(3.) The writ petition was heard by the Roster Bench on 18th May, 2021 and on which date, counsels for the respondents were asked to obtain instructions whether elections could be held for the post of Vice President of respondent no.2 council sometime in the near future. The matter was adjourned to 27th May, 2021, on which date counsels for the respondents informed the Court that conducting elections would have to await a 40 days ' notice period as per the Regulations and therefore, cannot be conducted anytime soon, which was opposed by the petitioners. The matter was adjourned for 4th June, 2021 for the respondent no.1 to obtain instructions. On 4th June, 2021, the Roster Bench recused from hearing of the present petition and in view of the fact that the application for interim relief had been adjourned on the last two occasions, the matter was placed before the Vacation Bench on 7th June, 2021.