HARI PARKASH Vs. DENTAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner, a Professor and Head of the Department of Dental Surgery in the All India Institute of Medical Sciences, New Delhi, (for short the AIIMS) assails in this petition, under Article 226 of the Constitution of India, the communication dated 8 July 1995 issued by the Acting President, Dental Council of India (hereinafter referred to as the Council), whereby the AIIMS was informed that as the petitioner had not been elected by the members of the Senate or the Court and the AIIMS has no Senate or Court, his membership to the Council as representative of AIIMS was being terminated with immediate effect and his name had been deleted in accordance with the letter of the Government of India, Ministry of Health and Family Welfare, dated 8 May 1995. AIIMS was also told that it was not eligible to send its elected representative to the Council.

(2.) On this, the petitioner, vide his letter dated 19 July 1995, protested to the Council against the deletion of his name from the membership of the Council, and asserted that neither the Acting President nor the Council had authority to remove his name from the list of members according to the Dentists Act and, therefore, he continued to be the member of the Council. He also took up the matter with the Government of India. On 26 July 1995 the Ministry of Health and Family Welfare, Government of India asked the Council to withdraw the impugned letter. The Council declined to do so. Hence the present petition.

(3.) Initially only the Council and its acting President were impleaded as respondent Nos. 1 and 2 but subsequently the Union of India, as respondent No.3 and the AIIMS as respondent No.4 were also added as partics.