LAWS(KER)-2017-8-252

DENTAL COUNCIL OF INDIA Vs. VISWANATH

Decided On August 31, 2017
DENTAL COUNCIL OF INDIA Appellant
V/S
VISWANATH Respondents

JUDGEMENT

(1.) (On behalf of himself and Justice Dama Seshadri Naidu) The Dental Council of India (DCI) has filed this appeal against the order dated 9.10.2015 passed in W.P.(C)25782/15, whereby its preliminary objection that the Writ Petition filed by respondents 1 and 2 before this Court was not maintainable for absence of territorial jurisdiction was rejected.

(2.) Before the Division Bench, respondents 1 and 2 placed reliance on a Division Bench judgment of this court in Dr. Joseph Issac Vs. Union of India 2010 (3) KLT Suppl. 189 (Ker.) : 2010 (3) KHC 265 (D.B.)). The case was elaborately heard and the Division Bench passed order dated 11th Jan., 2016 referring the appeal to be heard by a Larger Bench and the questions which are referred for consideration are:

(3.) Respondents 1 and 2 are practicing Dental Surgeons registered in Part A Register of DCI. They alleged that the 4th respondent herein, a full time employee in the West Bengal Government service, was nominated by the Government of West Bengal as a Member of the DCI in terms of Sec. 3(e) of the Dentists Act, 1948 (hereinafter referred to as the Act).