J R SABHARWAL VICE PRINCIPAL Vs. UOI

JUDGEMENT

(1.) THE writ petitioner challenges an order dated 18. 03. 2009 whereby a reference under section 5 of the Dentists Act, 1948 and Regulation 20 of the Dental Council (Election)Regulations, 1952 questioning the election process which commenced on 25. 08. 2008, was declined.

(2.) THE brief facts necessary for deciding the case are that the petitioner, an MDS qualified teacher, was employed as a Lecturer in the Mithila Minority Dental College, Bihar on 16. 08. 1991. He continued to work in that institution till 2002 when he was employed by the harsaran Dass Dental College, Ghaziabad in 2002. It is submitted that the petitioner was appointed as Professor to which post he was confirmed on 21. 09. 2006 when he was also appointed as its Vice-Principal. The petitioner was concededly elected as a Member of the dental Council in terms of provisions of Section 3 of that Act, in the year 2003; he served as a member. He was elected in the category of Section 3 (c), i. e. as a representative member from amongst Professors, Deans, Hods of Dental Wing. Section 3 (c) (a) and (b) reads as follows:

(3.) THE petitioner had on an earlier occasion approached this Court by filing W. P. 7438/2008. He had, at that stage complained that upon commencement of the process for election of Member Executives to the Dental Council, he discovered that the respondents' returning Officer had omitted to include his name. The petitioner had represented on several occasions to the respondents, including the Central Government but with no success. This Court by an order directed the respondents to consider his requests and pass a speaking order.