Prof.Dr.J.R.Sabharwal Vice Principal v. UOI & Ors

S. RAVINDRA BHAT,J MAY 05, 2009 'ajk'

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of judgment: 05.05.2009 + W.P.(C) 8738/2009, C.M. No. 5964/2009 PROF.DR.J.R.SABHARWAL VICE PRINCIPAL ..... Petitioner Through : Mr. B.P. Singh Dhakray, Mr. Shakti Singh Dhakray and Mr. D.K. Sharma, Advocates. versus UOI & ORS. ..... Respondents Through : Mr. Gaurav Duggal, Advocate, for UOI. Mr. Maninder Singh, Sr. Advocate with Ms. Pratibha. M. Singh and Mr. T. Singhdev, Advocates, for Resp. Nos. 6 & 7. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT 1. Whether the Reporters of local papers may be Yes Allowed to see the judgment? 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in Yes the Digest? HON'BLE MR. JUSTICE S. RAVINDRA BHAT, J (OPEN COURT) 1. The writ petitioner challenges an order dated 18.03.2009 whereby a reference under Section 5 of the Dentists Act, 1948 and Regulation 20 of the Dental Council (Election) Regulations, 1952 questioning the election process which commenced on 25.08.2008, was declined. 2. The brief facts necessary for deciding the case are that the petitioner, an MDS qualified teacher, was employed as a Lecturer in the Mithila Minority Dental College, Bihar on 16.08.1991. He continued to work in that institution till 2002 when he was employed by the Harsaran Dass Dental College, Ghaziabad in 2002. It is submitted that the petitioner was appointed as Professor to which post he was confirmed on 21.09.2006 when he was also appointed as its Vice-Principal. The petitioner was concededly elected as a Member of the Dental Council in terms of provisions of Section 3 of that Act, in the year 2003; he served as a Member. He was elected in the category of Section 3(c), i.e. as a representative member from amongst Professors, Deans, HoDs of Dental Wing. Section 3(c)(a) and (b) reads as follows: "3. Constitution and composition of Council.- The Central Government shall, as soon as may be, constitute a Council consisting of the following members, namely:- (c) not more than four members elected from amongst themselves, by- (a) Principals, Deans, Directors and Vice-Principals of dental colleges in the States training students for recognized dental qualifications: (b) Heads of dental wings of medical colleges in the States training students for recognized dental qualifications;" 3. The petitioner had on an earlier occasion approached this Court by filing W.P. 7438/2008. He had, at that stage complained that upon commencement of the process for election of Member Executives to the Dental Council, he discovered that the respondents' Returning Officer had omitted to include his name. The petitioner had represented on several occasions to the respondents, including the Central Government but with no success. This Court by an order directed the respondents to consider his requests and pass a speaking order. 4. Pursuant to these directions, the respondents have issued the impugned order dated 18.03.2009. It is contended that there is overwhelming evidence on the record establishing that the petitioner was eligible as a voter in the election process since he was always accepted as a Vice-Principal of the respondent college. Learned counsel relied upon the Appointment Letter dated 28.09.2006; the recognition furnished by the Dental Council of India (DCI) dated 18.04.2007; the copy of an Identity Card issued by DCI as well as certain other documents, including a letter issued by the DCI on 18.08.2006 indicating the petitioner's role in a programme and lastly, the previous election process which took place on 21.05.2003 whereby he was permitted to hold himself out as a candidate on the basis of his status as Vice-Principal which led to his election. It is contended, therefore, that the respondents' impugned rejection of his reference under Section 5 is unfounded on facts and unsustainable in law. 5. Before a discussion on the merits, it would be necessary to extract the impugned order, which is in the following terms: "F.No.V.12013/3/2006-de Govern