LexDENTAL COUNCIL OF INDIA AND ANR. ETC. versus DR. H.R. PREM SACHDEVA AND ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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DENTAL COUNCIL OF INDIA AND ANR. ETC.
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v.
DR. H.R. PREM SACHDEVA AND ORS. ETC.
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OCTOBER 14, 1999
[DR. A.S. ANAND, CJ., S. RAJENDRA BABU AND R.C. LAHOTI, JJ.] B
Dentist Act, 1948/Dental Council (Election) Regulation, 1952:
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Ss.2{g), 3, 6, 7{1)/Regulation 23-Dental Council-Elected/nominated
members-Tenure-Held, elections/nominations to the Council should c
normally be held/made once in jive years-If for some valid reasons elections
could not be held during the term of jive years, it should be held within a
reasonable time thereafter and continuance in office after expiry of the term
should only be a stop gap arrangement to avoid a vacuum-Act and
Regulations are silent about the period during which elections/nominations D
should be held/made and about consequences of not holding elections or
making nominations within jive year term or soon thereafter-Authorities
concerned to take appropriate measures in this regard.
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 10232-
33 of 1995 Etc.
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From the Judgment and Order dated 31.8.95 of the Delhi High Court in
C.W.P. Nos. 302 and 3023of1995.
Harish N. Salve, A. Mariarputham, Ms. Pratibha M. Singh, Ms. Kavita F
Wadia and Maninder Singh for the appellants in C.A. Nos. I 0232-33/95.
Vikas Singh, Yunus Malik, Reetesh Singh, Richa Kachhwaha and L.R.
Singh for the appellant in C.A. No. 10234/95 and Res. No. 2 in G.A. Nos.
10232-33/95.
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The following Order of the Court was delivered :
Both these appeals, by special leave arise out of the judgment and order
of the High Court of Delhi in CWP No. 3021 and 3023 of 1995, decided on
3 lst August, 1995.
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SUPREME COURT REPORTS [1999] SUPP. 4 S.C.R.
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Although for all practical purposes, these appeals, it is admitted by
learned counsel for the parties, have been rendered infructuous and we need
not detain ourselves to deal with the facts of the case leading to the filing
of the appeals but there is one matter which has caused us some concern.
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Section 3 of the Dentist Act, 1948 (hereinafter referred to as the 'Act')
provides that the Central Government shall constitute a Council consisting of
the members detailed in sub-sections (a) to (f) thereof. Section 4 of the Act
provides that the Council shall be a body corporate, having perpetual
succession. Under Section 5, the elections under Chapter-II of the Act shall
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be conducted in the prescribed manner, and where any dispute arises regarding
c any such election, the same shall be referred to the Central Government
whose decision shall be final. Section 2(g) defines the expression "prescribed"
to mean prescribed by rules or regulations made under this Act.
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· Section 6(1) provides as follows :-
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"6. (I) Subject to the provisions of this section an elected or nominated
member shall hold office for a term of five years from the date of his
election or nomination or until his successor has been duly elected
or nominated, whichever is longer;
(Provided that a member nominated under clause ( e) or clause ( f)
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of section 3, shall hold office during the pleasure of the authority
nominating him.)"
Section 7 of the Act provides as follows :-
"7(1) The President and Vice-President of the Council shall be elected
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by the members thereof from among themselves:
Provided that on the first constitution of the Council and until the
President is elected, a member of the Council nominated by the Central
Government in this behalf shall discharge the functions of the President:
Provided further that for five years from the first constitution of
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the Council, the President shall, if the Central Government so decides,
be a person nominated by the Central Government who shall hold
office during the pleasure of the Central Government, and where he
is not already a member, shall be a member of the Council in addition
to the members referred to in section 3.
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(2) An elected President or Vice-President shall hold office as
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DENTAL COUNCIL OF INDIA v. DR. H.R. PREM SACHDEVA
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such for a term not exceeding five years and not extending beyond A
the expiry of his term as member of the Council, but subject to his
being a member of the Council, he shall be eligible for re-election.
Regulation 23 of the Dental Council (Election) Regulations, 1952
(hereinafter referred to as 'the Regulations') provides as follows:
"23. Representatives of Universities-The President shall not later
than 60 days before Excerpt shown. Read the full judgment & AI analysis in Lexace.