RAMESAN Vs. DENTAL COUNCIL OF INDIA

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment of the learned Single Judge dated 30. 3. 1995 dismissing O. P. Nos. 13105 and 13131 of 1994. The facts are identical; the question of law is the same; the judgment is common. Hence, it would be convenient to dispose of these two appeals by a common judgment.

(2.) FOR the purpose of discussing the legal issues we shall take the facts in W. A. No. 600 of 1995.

(3.) THE Dentist Act, 1948 was enacted to make provisions for the regulation of the profession of Dentists and for that purpose to constitute a Dental Council. Apart from setting up the Dental Council for regulating the profession of Dentists, it also provides for registration of dentists. Chapter IV deals with registration of Dentists. Sub-s. (1) of S. 31 requires the State Government to cause to be prepared in the manner provided a register of dentists for each State. A duty is cast on the State Dental Council under sub-s. (3) of S. 31 to maintain a register in two parts, A and B. Part A would contain registration of persons possessing recognised dental qualifications. Part B would contain the registration of persons not possessing such qualifications. Certain particulars, as prescribed in sub-s. (4) of S. 31, are to be maintained in the register. S. 32 of the Act enjoins upon the State government to appoint a date on or before which the application for registration shall be made to the Registration Tribunal. THE Registration Tribunal is required to follow certain procedure prescribed in the Section and finalise the names of dentists to be included in the register. THE date is of some relevance because that is the cut-off date for inclusion of names of the existing Dentists for the purpose of first preparing the register of Dentists. Sub-s. (4) of this section requires the Registrar to publish the names of the Dentists incorporated in the first prepared register of Dentists. THEre is provision for objections thereto and manner for determining disputes with regard to the particulars of the published first register. S. 33 of the Act provides for the qualifications necessary for entry in the first preparation of register. A person is entitled to have his name entered on the register when it is first prepared, if he resides or carries on the profession of dentistry in that State and, if he (a) holds a recognised dental qualification, or (b) does not hold such a qualification, but being a citizen of India, has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than five years prior to the date appointed under sub-s. (2) of S. 32. THEre are certain other provisions in the Act which need not detain us.