Court : Kerala
Reported in : AIR1995Ker380
..... (ext. p2). the petitioners submitted applications on 5-3-1993 to the first respondent for transfer of their registration from the madhya pradesh state dentist register to kerala state dentist register under section 46a of the dentists act, 1948 (for short, the act). after conducting an enquiry the first respondent, by order dated 7-9-1993 (ext.p3), directed 'the second respondent that their names may ..... themselves registered, in part b of the kerala state dental council. hence the state council was bound to reject their applications.6. chapter iv of the dentists act, 1948 lays down the provisions relating to the registration of dentists and transfer of registration. the relevant provisions are sections 31, 32, 33, 34 and 46a. they read as follows :'31. preparation and maintenance of register ..... district. both of them claim that they have had their education in the stale of madhya pradesh. the petitioners have been registered as dentists in part b of the madhya pradesh state dental council under the provisions of the dentists act, 1948. ext. p1 in each o.p. is the certificate of registration granted by the madhya pradesh state dental council. ext. p1-- certificate ..... recites that it shall remain in force till 31-12-1980. the date of registration is 1-1-1980. their qualification is stated as 'section 33(1)(b)' under the dentists act, 1948. the registration is said to have been renewed up to 1993. it is further stated by them that they started practice as .....Tag this Judgment!
Court : Delhi
Reported in : 2001IVAD(Delhi)429; AIR2001Delhi296; 91(2001)DLT199; 2001(58)DRJ746
..... has urged that the writ petition is not maintainable on account of existence of an alternate remedy by way of reference before the central government under section 5 of the dentist act 1948. section 5, in terms, provides that elections under this chapter shall be conducted in the prescribed manner and where there is any dispute regarding any such election, it shall be ..... academic committee was fully within its authority not to accept the recommendation of the members of dental faculty and instead elect another eligible person. it may be noted that the dentists act 1948 does not provide for or even contemplate any proposal or recommendation to be collectively made by the members of the dental faculty. the entire responsibility vests with the academic committee ..... minutes, as typed, were as under: item no. a.c. 21: election to dental council of india of prof. & head, deptt. of dental surgery under section 3(d) of the dentists act, 1948 as aiims representative. 'the proposal was not approved. however, the academic committee resolved to nominate dr. (mrs.) naseem shah of the department of dental surgery to the dental council of ..... .2000. counsel for the parties were heard and orders were reserved on 17.10.2000. 4. the relief in writ petition turns on interpretation of section 3(d) of the dentists act 1948. before noticing the rival contentions and submissions as urged, it would be appropriate to briefly give the factual matrix, as relevant for the present case. (i) petitioner was elected .....Tag this Judgment!
Court : Delhi
Reported in : 160(2009)DLT344
..... the available records/documents indicate that you are not an eligible candidate to vote as well as to be elected as dc i member under section 3(c) of the dentists act, 1948 as (1) you have never been accepted even for the post of professor as per the decision then in the executive committee meeting of the dci held on 13th & ..... dental council of india.2. section 3(c)(a) of the dentists act, 1948 mentions about various posts likeprincipals, deans, directors and vice-principals, whereas the dci regulations 1983 inter alia, envisage that the principal/dean should have the same qualifications as prescribed for ..... section (c) of section 3 of the dentists act, 1948 - regarding.sir,in continuation of this ministry's letter of even no. dated 19th december, 2008, i directed to say that the matter has been examined in consultation with the ..... health and family welfare(dental education section)nirman bhawan, new delhidated the 18 march 2009dr. janak raj sabharwalc-214, vikas purinew delhi - 110018subject: reference under section 5 of the dentists act, 1948 read with regulations 20 of the dental council (election) regulations, 1952 for challenging the election process dated 25.08.2008 notified by the returning officer, dental council of india under .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2001Kant302; ILR2001KAR3502
..... on or before the commencement of the dentists amendment act, 1993. the said act came into force with effect from the 27th of august, 1992. any institution established between 1-6-1992 ..... 1992 and 1996 recognised dental qualifications in terms of section 10 of the dentists act, entitling them to seek admission to or continue in the post graduate courses in dental sciences?5. i shall deal with the questions ad seriatim :--re. question no. 1 : section 10c of the dentists act, 1948, deals with institutions established after the 1st day of june, 1992 and ..... counsel, fell in the first category, hence could not provide an analogy to what falls for determination in these petitions. i do not think so. section 10b of the dentists act, deals with recognition of dental qualifications. while sub-section (1) thereof, governs dental qualifications granted to students by any authority or institutions established without the previous permission of the ..... grant permission which would in turn mean that no dental qualification granted to any student admitted to any such institution shall be a recognised dental qualification for purposes of the dentists act. 6. two critical requirements have therefore to be satisfied by an institution claiming the benefit of section 10c. these are (1) the institution should have been established .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2003KAR4564; 2004(1)KarLJ282
..... respondent is the professor head of the department and dean in the college of dental surgery, mangalore, belonging to the fourth respondent.3. section 3 of the dentists act, 1948 (hereinafter referred to short as 'the act') which is a pre-constitutional enactment was passed to regulate the profession of dentistry and for constituting dental council in the country. 5th respondent was a member ..... respondent is not a university established under law for the purpose of section 3(d) of the dentists act, 1948 and they are not entitled to be included as a constituency under section 3(d) of the dentists act, 1948 and their inclusion is null and void. consequently, the election of the fifth respondent to the dental council of india from ..... point that arise for consideration in these writ petitions is:'whether a 'deemed university' under section 3 of the university grants commission act, 1956 falls within the phrase 'university established by law' used in section 3(d) of the dentists act, 1948'.2. the brief facts leading to these writ petitions are as under:in exercise of the powers conferred under section 3 of ..... it does not fall within the phrase 'university established by law' used in section 3(d) of the dentists act, 1948 and therefore they have no right to send their representative in the constituency carved out under section 3(d) of the dentists act to the council.27. hence, i pass the following order:writ petitions are allowed. rule is made absolute. the fourth .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR845; 1996(6)KarLJ365
..... in view the infrastructure and year-wise teaching staff employed in the college as per the bds regulations framed by the dental council of india under section 20 of the dentists act, 1948. it means, the respondent college cannot in any circumstance admit more than 60 students in the first year bds course conducted by it in a given academic year. but ..... previous permission of the central government obtained in accordance with the provisions of this; section.' 19a) the above quoted provision has been inserted by the parliament in the dentists act through the dentists (amendment) act, 1993 making it effective from 27.8.1992. in view of the said provision, by operation of article 254 of the constitution of india, notwithstanding any provision contained ..... government standing counsel appearing for the respondent dental council of india has strongly objected to the plea raised on behalf of the managements that under the provisions of the dentists act and the rules and regulations framed thereunder the managements can fill up any seat against the alleged backlog vacancies in excess of the permissible intake of the year concerned. ..... she has brought to my notice various provisions of the dentists act and the regulations, some of which has already been noticed above.25. the director of medical education (respondent no. 1) has filed her personal affidavit stating therein that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC3303; 93(2001)DLT291(SC); JT2001(7)SC342; 2001(5)SCALE573; (2001)8SCC61; 2001(4)SCT336(SC); 2001(3)SLJ468(SC)
..... department of dental surgery, all india institute of medical sciences [for brevity 'aiims'] was a member of the dental council ['council' for brevity] under section 3(d) of the dentists act, 1948, ['the act' for brevity] for the period between 23.2.1991 to 22.3.1996. he having retired from the services of the aiims in 1993, to fill up the said vacancy ..... was not in existence when the act was made in 1948. 2.4. the high court erred in over looking the requirements of section 3(d) viz. that the university should ..... .3 the concept of deemed university was incorporated in the ugc act, 1956. the aiims is not a deemed university within the meaning of (section 3 of the ugc act, 1956) and is not subject to the ugc. therefore the word 'university' used in the dentists act, 1948 could not have been intended to cover an institution like all india institute of medical sciences which ..... qualification; fifth, nominated members from states other than a union territory; sixth, from nominated members from the union territory and those dentists registered in part b of a state register; and lastly, the director general of health services. the act covers the various institutions and universities over which it has control under the various provisions in relation to qualification and discipline as .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC2057; 2004(3)CTC582; JT2004(4)SC369; 2004(4)SCALE184; (2004)9SCC676; (2004)3UPLBEC2419
..... central government and the dental council of india is bound to forward its report with its recommendations to the government of india in terms of section 10a(3) of the dentists act, 1948; that, the order made by the learned single judge is a consent order to which the union of india was a party and the dental council was only an advisory ..... appropriate regulations framed by the dental council of india in terms of section 10a read with section 20 of the dentists act, 1948 with the previous approval of the central government. the scheme relating to section 10a(2)(a) and (b) of the dentists act is set out in the regulations itself. for starting higher courses in dental subjects in dental colleges, the applicant should ..... state government has to be furnished along with application proposing to start a higher course in the dental college; that the dental council is a statutory body constituted under the dentists act and has been attached with statutory duties and hence ought to have been impleaded as a party in the proceedings; that when the permission or essentiality certificate had to be ..... or higher course in the college. on furnishing such permission or essentiality, certificate, the dental council and the government of india shall take appropriate steps as provided under the relevant act and rules or regulations. sri p.p. rao submits that a time of eight weeks may be granted to furnish the permission or essentiality certificate to the government of india .....Tag this Judgment!
Court : Chennai
Reported in : (2004)3MLJ687
..... of dental surgery (for brevity 'm.d.s.') course in oral pathology, with an annual intake of five students from the academic year 2001-2002, under the provisions of the dentists act, 1948 (for brevity 'the act').2.2. the first respondent/government forwarded the application of the petitioner to the second respondent/ dental council of india, a statutory authority constituted under the ..... ) course will be made only after receipt of formal permission from the government of india. any contravention of this condition will attract the provisions of section 10b of the dentists (amendment) act, 1993.'2.9. after receipt of the proceedings dated 6.8.2001 of the first respondent/government, the petitioner/college made a further representation on 7.9.2001 furnishing ..... second respondent/dental council of india.6. mr.m.vellaichamy, learned counsel for the third respondent/university submits that in the matter of granting permission to the scheme of the act, the third respondent/ university has no direct role to play, except to follow the directions of the second respondent/dental council of india.7. i have given careful consideration ..... regulations framed thereunder.4.1. per contra, mr.perumbulavil radhakrishnan, learned counsel for the second respondent/dental council of india submits that as per section 10-a(8) of the act, the order passed by the second respondent refusing to grant permission to the petitioner/ college to start m.d.s. (oral pathology) course with an intake five students had .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1998KAR365; 1997(4)KarLJ608
..... , whereas the admissions made were of 58 candidates, i.e., 18 in excess of the admission capacity approved by the central government under section 10a of the dentists act, 1948 (in short, the 'dentist act').2. the present writ petition was filed on 24.8.1996 for issuance of a direction to the respondent university to treat the petitioners as bona fide students ..... conditions of the letter of intent issued by this ministry on 20.6.1995 and to convey the formal permission of the central government under section 10a(4) of the dentists act, 1948 to start bds course with 40 admissions from academic session 1995-96 to oxford dental college, bangalore, subject to the condition that the society will appoint one more professor ..... . subsequently, under letter dated 6.4.1993 (annexure 'a- vi'), the college administration submitted a scheme with the central government as required under section 10a(2) of the dentist act for according statutory approval to start the bds course subsequently, after various correspondences and on completion of statutory requirements, the central government accorded permission to the college for starting the ..... . by notification dated 24.8.1992, the respondent university accorded affiliation to the college in terms of section 53(5) of the karnataka state universities act, 1976 (in short, the 'university act') for the academic year 1992-93 fixing its admission capacity as for 40 students (annexure a-ii to the statement of objections filed by the college). earlier to .....Tag this Judgment!