ANIL KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Dental Surgeon holding a Master Degree in Dentistry from Lucknow University, has filed this petition under Article 226 of the Constitution challenging the Notification No. V.12013/5/88-PMS dated 9 January 1990 issued by the Government of India, Ministry of Health and Family Welfare (Department of Health), by which the petitioner stood removed from the membership of the Dental Council of India constituted under the Dentists Act, 1948 ('the Act' for short). The petitioner had earlier been nominated to the Council by Notification No.V.12013/5/88-PMS dated 24 October 1989. The petitioner also seeks a declaration that he continues to be the member of the Council till expiry of his term in pursuance of Notification dated 24 October 1989 which expires on 15 October 1994. To understand the implications it would be appropriate to reproduce both the notifications :-

(2.) When the petition was filed there were only two respondents being Union of India and the Dental Council of India. By a subsequent amendment in the writ petition three more respondents, namely. Dr. L.K. Gandhi, Dr.Srikant Prusti, and Dr. Kamala Prasad Singh, were added as respondents. This was becuase of the notification appointing them to the Council.

(3.) The Act was passed to regulate the profession of dentistry in the country. "The Council" means the Dental Council of India constituted under section 3 of the Act. The Council has to perform various functions which are connected with the education and practice in dentistry. Section 3, in so far as it is relevant, is as under :-