(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).