LAWS(MAD)-2009-4-322

PONDICHERRY DENTISTS ASSOCIATION Vs. GOVERNMENT OF INDIA

Decided On April 27, 2009
PONDICHERRY DENTISTS ASSOCIATION, Appellant
V/S
GOVERNMENT OF INDIA, Respondents

JUDGEMENT

(1.) (Prayer: Writ petition has been filed under Article 226 of The Constitution of Indiaof India to issue a Writ of Mandamus directing the respondents 1 and 2 herein to forthwith constitute the State Dental Council for the State of Pondicherry as per Section 21 of the Dentists Act 1948.) Non constitution of State Dental Council under the Dentists Act, 16 of 1948 (hereinafter referred to as "the Act), even after several years of the adaptation of the said Act, for the Union Territory of Puducherry, is aimed as grievance in this writ petition wherein, the petitioner has prayed for a direction to the respondents 1 and 2 to forthwith constitute such a State Dental Council as required under Section 21 of the Act.

(2.) THE petitioner is an Association of Dentists known as "THE Pondicherry Dentists Association". THE members of the petitioner Association are all qualified Dentists. THEy were registered as Dentists in the Union Territory of Puducherry by the Registration Tribunal as per Section 32 of the Act. But their names were not renewed and no renewal certificates were issued to them as required under Section 39 of the Act, since no State Dental Council has been constituted for Union Territory of Puducherry.

(3.) THEREAFTER, the petitioner Association filed another writ petition in W.P. No. 7378 of 1998 contending that since the writ petition regarding the constitution of the Registration Tribunal has been dismissed by this Court, at least now the State Dental Council may be constituted forthwith. When the matter was taken up for hearing on 04.07.2006, it was represented by the learned Government Pleader, Puducherry that the Dental Council for Puducherry State had been constituted. Recording the said statement, the said writ petition was dismissed as incautious.