{"id":117822,"date":"2001-08-29T00:00:00","date_gmt":"2001-08-28T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dental-council-of-india-anr-vs-hari-prakash-ors-on-29-august-2001"},"modified":"2018-09-05T03:46:42","modified_gmt":"2018-09-04T22:16:42","slug":"dental-council-of-india-anr-vs-hari-prakash-ors-on-29-august-2001","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dental-council-of-india-anr-vs-hari-prakash-ors-on-29-august-2001","title":{"rendered":"Dental Council Of India &amp; Anr vs Hari Prakash &amp; Ors on 29 August, 2001"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Dental Council Of India &amp; Anr vs Hari Prakash &amp; Ors on 29 August, 2001<\/div>\n<div class=\"doc_author\">Author: R Babu<\/div>\n<div class=\"doc_bench\">Bench: S. Rajendra Babu, Brijesh Kumar<\/div>\n<pre>           CASE NO.:\nAppeal (civil) 14743  of  1996\n\n\n\nPETITIONER:\nDENTAL COUNCIL OF INDIA &amp; ANR.\n\n\tVs.\n\nRESPONDENT:\nHARI PRAKASH &amp; ORS.\n\nDATE OF JUDGMENT:\t29\/08\/2001\n\nBENCH:\nS. Rajendra Babu &amp; Brijesh Kumar\n\n\n\n\nJUDGMENT:\n<\/pre>\n<p>RAJENDRA BABU, J. :\n<\/p>\n<p>1.1\tThe facts leading to this appeal are as follows :\n<\/p>\n<p>1.1\tDr. Sidhu, Professor &amp; Head of the Department of Dental Surgery,<br \/>\nAll India Institute of Medical Sciences [for brevity  AIIMS] was a member<br \/>\nof the Dental Council [Council for brevity] under Section 3(d) of the<br \/>\nDentists Act, 1948 [the Act for brevity] for the period between 23.2.1991<br \/>\nto 22.3.1996.  He having retired from the services of the AIIMS in 1993,<br \/>\nto fill up the said vacancy respondent No.1 was stated to have been<br \/>\nelected by the Dental Faculty of the AIIMS, which was approved by the<br \/>\nChairman, Academic Committee and his name was forwarded to the<br \/>\nCouncil as member of the Council representing the AIIMS for the<br \/>\nunexpired period of Dr. Sidhus nomination. A communication was sent<br \/>\nby the Acting President of the Council that respondent No.1 has not been<br \/>\nelected by the members of the Senate or the Court and the AIIMS has no<br \/>\nSenate or Court and his membership to the Council as representative of<br \/>\nthe AIIMS was being terminated and his name would stand deleted and<br \/>\nthat AIIMS was not also eligible to send its elected representative to the<br \/>\nCouncil.   Aggrieved by that action, a writ petition was filed before the<br \/>\nHigh Court.  The stand of respondent No.1 is that the medical degrees<br \/>\ngranted by the AIIMS are recognised as medical qualifications for the<br \/>\npurpose of the Act and has been included in the Schedule to the Act as<br \/>\nrecognised dental qualification within the meaning of Section 2(j) of the<br \/>\nAct; that the provisions of Section 3(d) of the Act must be liberally<br \/>\nconstrued in such a manner as to treat AIIMS as a University and the<br \/>\nAcademic Committee of the AIIMS as the Senate of the University and the<br \/>\nGoverning Body as Court of the University within the meaning of the said<br \/>\nSection.  On behalf of the Council, contention put forth is that<br \/>\nrespondent No.1 could not be elected under the provisions of Section 3(d)<br \/>\nof the Act as  AIIMS cannot be treated to be a University established by<br \/>\nlaw in any State; that the language of Section 3(d) of the Act is clear and<br \/>\nunambiguous and there is no scope for  interpreting the same except as<br \/>\nit is stated therein. The High Court, on the contentions raised,<br \/>\nformulated the question as to whether AIIMS is a University and its<br \/>\nAcademic Committee a Senate or Governing Members a Court within<br \/>\nthe meaning of Section 3(d) of the Act.\n<\/p>\n<p>1.2\tThe High Court noticed that the Act is a pre-constitutional Act and<br \/>\nwhen the Act came into force, there were hardly three institutions in the<br \/>\ncountry, one at Lucknow, the second at Amritsar and the third at<br \/>\nBombay, which imparted dental education.  It is only much later other<br \/>\ninstitutions took up dental education. The High Court, after making a<br \/>\ndetailed reference to the provisions of the AIIMS Act, held that if the<br \/>\nprovisions of Section 3(d) of the Act are applied as the language stands,<br \/>\nthe nomination of respondent No.1 to the Council cannot be stated to be<br \/>\nvalid because: (1) AIIMS cannot be said to have been established by law<br \/>\nas a University; and (2) respondent No.1 was not elected either by<br \/>\nmembers of the Senate or the Court from amongst the members of the<br \/>\nDental or Medical Faculty of the University.\n<\/p>\n<p>1.3\tThereafter, the High Court went on to state as to in what<br \/>\ncircumstances liberal construction should be adopted and particularly<br \/>\nwhen the expression University had not been defined its etymological<br \/>\nmeaning could be adopted.  By analysing Section 3(d) of the Act and<br \/>\nvarious provisions of the AIIMS Act, the High Court concluded as follows:\n<\/p>\n<p>.one of the main objects being to develop patterns of<br \/>\nteaching in under-graduate and post-graduate medical education,<br \/>\nwhich includes establishment of dental college for the purpose of<br \/>\ndentistry and for the practical training of the students in those<br \/>\nbranches of medical education; and above all the recognition of<br \/>\nthe post-graduate decree awarded by the AIIMS as recognised<br \/>\ndental qualification as defined in Section 2(g) of the Act by its<br \/>\ninclusion in the Schedule tot he Act, we feel that it is a fit case<br \/>\nwhere the doctrine of reading down needs to be applied to<br \/>\ninterpret Section 3(d) of the Act to treat the AIIMS as a deemed<br \/>\nUniversity because, though not technically established as a<br \/>\nUniversity, it apparently has, for the purpose of the Act, all the<br \/>\ntrappings of a University, and to equate the Academic Committee<br \/>\nof the AIIMS with the Senate of a University and the Governing<br \/>\nBody as the Court of the University for the purpose of Section 3(d)<br \/>\nof the Act.  We are of the view that if Section 3(d) of the Act is<br \/>\ngiven literal and narrow interpretation it would be contrary to the<br \/>\napparent purpose for which the Act was enacted.\t There seems to<br \/>\nbe no reason why the expertise of the AIIMS, which imparts post-<br \/>\ngraduate training and degree in this branch of medical science,<br \/>\nduly recognised by the Council, could not be made use of by the<br \/>\nCouncil to advance the object of the legislation by its<br \/>\nrepresentation in the Council.\n<\/p>\n<p>1.4\tOn that basis, the High Court held that the action of the appellant<br \/>\nis wrong and allowed the writ petition..  Against this order this appeal is<br \/>\npreferred.\n<\/p>\n<p>1.5\tShri P.P.Rao, learned Senior Advocate appearing for the appellant,<br \/>\nraised a preliminary point that the writ petition filed before the High<br \/>\nCourt was only in relation to nomination of respondent No.1 to the<br \/>\nCouncil and his term having come to an end on 3.1.1996, there was no<br \/>\noccasion for the High Court to decide the matter on July 23, 1996.  As<br \/>\nthe period for which respondent No.1 was nominated had lapsed, the<br \/>\npetition should have been disposed of as having become infructuous.  We<br \/>\ndo not think the High Court was not justified in deciding the contentions<br \/>\nraised in the case although the occasion to consider this question was in<br \/>\nthe context of election of respondent No.1 under Section 3(d) of the Act.<br \/>\nThe appellant objected to sending a representative from AIIMS to the<br \/>\nCouncil itself on grounds indicated earlier in the course of this order,<br \/>\ngoes to the root of the matter and is likely to recur often and on.<br \/>\nTherefore, that contention need not detain us any further and is rejected.\n<\/p>\n<p>2.\tShri P.P.Rao further contended as follows :\n<\/p>\n<p>2.1  The High Court did not apply its mind to the<br \/>\nvarious clauses in Section 3 but only looked at clause\n<\/p>\n<p>(d) thereof.   On a reading of the entire Section 3 it will<br \/>\nbe clear that there is a clear distinction between<br \/>\nStates\tand Union Territories.\t So  far as Union<br \/>\nTerritories are concerned a special provision is made<br \/>\nin clause (f) of Section 3 for the nomination of<br \/>\nmembers by the Central Government of whom at least<br \/>\none shall be a registered dentist duly qualified and<br \/>\npractising or holding an appointment in an institution<br \/>\nfor the training of Dentists in a Union Territory.<br \/>\n2.2  All India Institute of Medical Sciences is<br \/>\nestablished under Section 3 of the 1956 Act.   It is<br \/>\ndeclared to be an Institution of National Importance<br \/>\nbut not stated to be a University.   It does not have the<br \/>\ndemocratic structure of a University like the Academic<br \/>\ncouncil, the Executive Council and the Court or the<br \/>\nSenate,\t the Syndicate etc. vide Sections 4 and 10 of<br \/>\nthe Act.   It has the power to grant degrees and<br \/>\nmedical diplomas under Section 24 of the All India<br \/>\nInstitute of Medical Sciences Act, 1956 [for brevity<br \/>\nAIIMS Act].  The degrees and diplomas awarded by<br \/>\nthe Institute enjoy statutory recognition in view of<br \/>\nSection 23 of the AIIMS Act.\n<\/p>\n<p>2.3  The concept of deemed university was<br \/>\nincorporated in the UGC Act, 1956.   The AIIMS is not<br \/>\na deemed university within the meaning of (Section 3<br \/>\nof the UGC Act, 1956) and is not subject to the UGC.<br \/>\nTherefore  the word  University\t used in the Dentists<br \/>\nAct, 1948 could not have been intended to cover an<br \/>\ninstitution like All India Institute of Medical Sciences<br \/>\nwhich was not in existence when the Act was made in<br \/>\n1948.\n<\/p>\n<p>2.4\tThe High Court erred in over looking the<br \/>\nrequirements of Section 3(d) viz. that the University<br \/>\nshould be one established by law in a State and it<br \/>\nshould have a Senate, or Court.\t  The AIIMS has no<br \/>\nSenate or a Court.   The person to be elected should be<br \/>\na member of the Dental Faculty of the University and if<br \/>\nthere is no Dental Faculty then he should be the<br \/>\nmember of the Medical Faculty.\t In the AIIMS there is<br \/>\nno Senate or Court but only a governing body and<br \/>\nother committees.   There is no Dental Faculty or a<br \/>\nMedical Faculty as such,  as in the AIIMS, the entire<br \/>\ninstitute being a medical institute, to attract clause (d)<br \/>\nof Section 3.\n<\/p>\n<p>2.5\tOn a correct interpretation of Section 3, the<br \/>\nAIIMS can secure representation in the Dental Council<br \/>\nonly under clause (f) as and when the Central<br \/>\nGovernment chooses to nominate a Member of the<br \/>\nDepartment of Dentistry of the AIIMS and not under<br \/>\nclause (d) of Section 3.\n<\/p>\n<p>2.6\tThe principle of  reading down\thas no<br \/>\napplication at all to this case.\n<\/p>\n<p>2.7\tShri R.N.Trivedi, learned Additional Solicitor General for India<br \/>\nappearing for AIIMS, submitted that the AIIMS Act had been enacted<br \/>\npursuant to Entry 63 or 64 of List I of the Seventh Schedule to the<br \/>\nConstitution of India and took us through various provisions of the<br \/>\nAIIMS Act.  He contended that if we properly examine the scheme of<br \/>\nSection 3 of the Act, several classes of members are provided under the<br \/>\nsame and one of them is a University which can have representation<br \/>\nunder clause (d) of Section 3 of the Act.  There are members who are<br \/>\nnominated and there are members who are elected.  The object of the<br \/>\nsaid provisions is clear that there should be representation of all<br \/>\nteaching institutions covered by the Act and  it cannot be the intention of<br \/>\nexcluding member from an institution of\t national importance as AIIMS;<br \/>\nthat when one member from each University is brought in, it cannot be<br \/>\nsaid that the AIIMS would be excluded from the category arising under<br \/>\nSection 3(d) of the Act.\n<\/p>\n<p>2.8\tShri Vikas Singh, learned counsel appearing for respondent No.1,<br \/>\nreiterated the contentions raised by him before the High Court to which<br \/>\nwe have already adverted to.  He also submitted that in terms of Section<br \/>\n3(58) of the General Clauses Act, State shall include Union Territory<br \/>\nand, therefore, under Section 3(d) of the Act one member from each<br \/>\nUniversity established by law in the State would include a Union<br \/>\nTerritory.  Shri Trivedi, supporting this contention, adverted to the<br \/>\ndecision of this Court in <a href=\"\/doc\/1648734\/\">Ram Kishore Sen &amp; Ors.   vs.\tUnion of India<br \/>\n&amp; Ors.,<\/a> 1966 (1) SCR 430, wherein such an interpretation has been<br \/>\nadopted by using the General Clauses Act.  Both of them contended to<br \/>\nhave representation on the Council under Section 3(d) of the Act all that<br \/>\nis required is that it should be a University established by any law in the<br \/>\nState which would include Union Territory and grants a recognised<br \/>\ndental qualification elected either by members of the Senate or the Court<br \/>\nfrom amongst the members of the Dental or Medical Faculty of the<br \/>\nUniversity  (where there is no separate dental faculty members].  It was<br \/>\nalso brought to our notice that Explanation to Section 3(e) of the Act in<br \/>\ndefining the State, Union Territory is specifically excluded and,<br \/>\ntherefore, wherever the expression State is used would include Union<br \/>\nTerritory unless expressly excluded, so as to make it clear that the<br \/>\nmeaning attributed to the expression State in the General Clauses Act<br \/>\nwould not be applicable.  Therefore, it is submitted that, by implication,<br \/>\nit must be held that the expression State in Section 3(d) of the Act<br \/>\nwould include a Union Territory.  Shri Rao, however, contended that<br \/>\nthere has been a history to the formation of States in this country.<br \/>\nOriginally there were Part A, B and C States and on the State<br \/>\nReorganisation Act coming into force by the Adaptation of Orders, certain<br \/>\nchanges in the Act were made and, therefore, when the expression State<br \/>\nhas been used in Section 3(d) of the Act, that background should not be<br \/>\nforgotten and the same has to be borne in mind and interpreted<br \/>\nappropriately.\tSo done, he submitted that, the expression State in<br \/>\nSection 3(d) of the Act would not cover a Union Territory like Delhi<br \/>\nwhere AIIMS is located.\n<\/p>\n<p>3.\tFor purposes of proper appreciation of the rival contentions,  we<br \/>\nmay set out Section 3 of the Act :\n<\/p>\n<p>Section 3.  The Central Government shall, as soon as may be,<br \/>\nconstitute a Council consisting of the following members, namely:-\n<\/p>\n<p>(a) one registered dentist possessing a recognised dental<br \/>\nqualification elected by the dentists registered in Part A of each<br \/>\nState register;\n<\/p>\n<p>(b)  one member elected from amongst themselves by the members<br \/>\nof the Medical Council of India;\n<\/p>\n<p>(c) not more than four members elected from among themselves<br \/>\nby-\n<\/p>\n<p>(a) Principals, Deans, Directors and Vice-Principals of<br \/>\ndental colleges in the States training students for<br \/>\nrecognised dental qualifications:\n<\/p>\n<p>Provided that not more than one member shall be elected<br \/>\nfrom the same dental college;\n<\/p>\n<p>(b) Heads of dental wings of medical colleges in the States<br \/>\ntraining students for recognised dental qualifications;\n<\/p>\n<p>(d) one member from each University established by law in the<br \/>\nStates which grants a recognised dental qualification, to be elected<br \/>\nby the members of the Senate of the University, or in case the<br \/>\nUniversity has no Senate, by the members of the court, from<br \/>\namongst the members of the Dental Faculty of the University or in<br \/>\ncase the University has no Dental Faculty, from amongst the<br \/>\nmembers of the Medical Faculty thereof;\n<\/p>\n<p>(e) one member to represent each State nominated by the<br \/>\nGovernment of each State from among persons registered either in<br \/>\na medical register or a dental register of the State;\n<\/p>\n<p>Explanation.- In this clause,  State does not include a Union<br \/>\nterritory;\n<\/p>\n<p>(f) six members nominated by the Central Government, of whom at<br \/>\nleast one shall be a registered dentist possessing a recognised<br \/>\ndental qualification and practising or holding an appointment in<br \/>\nan institution for the training of dentists in a Union terrirory, and<br \/>\nat least two shall be dentists registered in Part B of a State<br \/>\nregister;\n<\/p>\n<p>(g) the Director General of Health Services, ex officio :\n<\/p>\n<p>Provided that pending the preparation of registers the State<br \/>\nGovernment may nominate to the first Council members referred<br \/>\nto in parts (a) and (e) and the Central Government members<br \/>\nreferred to in part (f) out of persons who are eligible for registration<br \/>\nin the respective registers and such persons shall hold office for<br \/>\nsuch period as the State or Central Government may, by<br \/>\nnotification in the Official Gazette, specify.\n<\/p>\n<p>3.1\tThe Act is a pre-constitutional enactment but it has application in<br \/>\nthe post-constitutional era also.  When interpreting such an enactment,<br \/>\nwe have not only to bear in mind the historical background leading to the<br \/>\nlegislation and the amendments effected therein, but also various<br \/>\naspects covered by it.\tTo our mind, reading of Section 3(d) of the Act<br \/>\nwould make it clear that the expression state has been used in the<br \/>\nlarger sense as defined in the General Clauses Act to include Union<br \/>\nTerritory.  This position becomes further clear when we read Section 3(e)<br \/>\nof the Act wherein it is stated that nomination can be made from<br \/>\namongst the members of each State.  By explanation thereto, it is stated,<br \/>\nthe State would not include a Union Territory.\tIn respect of Union<br \/>\nTerritory a separate provision has been made in Section 3(f).  The<br \/>\nGeneral Clauses Act read with the scheme of the enactment will make it<br \/>\nclear that the expression State used in Section 3(d) of the Act would<br \/>\ninclude a Union Territory also.\n<\/p>\n<p>3.2\tThe scheme of Section 3(d) of the Act will indicate that there are<br \/>\ndifferent constituencies for representation on the Council; first,<br \/>\nconstituency is from amongst the registered dentists in Part A of each<br \/>\nState register; second,\t from amongst the members of the Medical<br \/>\nCouncil of India; third, from the teaching faculty of different dental<br \/>\ncolleges such as the Principals, Deans, Directors and Vice-Principals of<br \/>\ndental colleges or Heads of dental wings of medical colleges in the States<br \/>\ntraining students for recognised dental qualifications; fourth, from each<br \/>\nUniversity established by law in the States which grants a recognised<br \/>\ndental qualification; fifth, nominated members from States other than a<br \/>\nUnion Territory; sixth, from nominated members from the Union<br \/>\nTerritory and those dentists registered in Part B of a State register; and<br \/>\nlastly, the Director General of Health Services. The Act covers the various<br \/>\ninstitutions and Universities over which it has control\t under the various<br \/>\nprovisions in relation to qualification and  discipline as well as those who<br \/>\npractise after obtaining the necessary qualification in the dentistry.\tThe<br \/>\nobject of Section 3 is to provide a wide representation to the Council,<br \/>\nwhich is a professional body.  Therefore, appropriate meaning will have<br \/>\nto be given to the expressions used in the enactment bearing in mind the<br \/>\nhistorical background and purpose of the legislation.\n<\/p>\n<p>4.\tNow, we may briefly glean into provisions of the AIIMS Act.   The<br \/>\nAIIMS Act provides for constitution of a governing body [Section 10] and<br \/>\nthe objects of the AIIMS include developing the pattern of teaching in<br \/>\nunder-graduate and post-graduate medical education and attain self<br \/>\nsufficiency in post-graduate medical education [Section 13].  In terms of<br \/>\nSection 23 of the AIIMS Act, AIIMS stands outside the scope of the<br \/>\nMedical Council in the conferment of medical degrees and diplomas<br \/>\ngranted under the AIIMS Act, which shall be recognised medical degrees<br \/>\nfor the purpose of that Act and shall be deemed to be included in the<br \/>\nFirst Schedule of the Act.  Under Section 24 of the AIIMS Act, it is<br \/>\nprovided that the AIIMS shall have the power to grant medical degrees<br \/>\nand diplomas and other academic distinctions and titles irrespective of<br \/>\nwhat may be contained in other enactments.\n<\/p>\n<p>5.\tThe thrust of the submission made by Shri Rao is that the<br \/>\neminence of the AIIMS in the field of medical education is undisputed<br \/>\nbut the fact remains that the language of Section 3(d) of the Act requires<br \/>\nthat representation under that clause is available only to a University<br \/>\nestablished by law and not any other institution though established by<br \/>\nlaw imparting dental education and conferring degrees.\t In this context,<br \/>\nthe High Court placed very heavy reliance upon the provisions of the<br \/>\nAIIMS Act which enacted that AIIMS imparts dental education and<br \/>\nconfers or grants degrees, which is normally the function of a University<br \/>\nand, therefore, in a general sense by adopting the dictionary meaning, it<br \/>\nshould be stated that it is a University, while the contention on behalf of<br \/>\nthe appellant is that it must be a University established by law.\n<\/p>\n<p>6.\tWe may in this context notice the provisions of Section 22 of the<br \/>\nUniversity Grants Commission Act, 1956 [hereinafter referred to as the<br \/>\nUGC Act].  Section 22 of the UGC Act provides that the right of<br \/>\nconferring or granting degree shall be exercised by three categories of<br \/>\ninstitutions, namely,-\n<\/p>\n<p>(1) a University established or incorporated by a Central or a<br \/>\nState Act;\n<\/p>\n<p>(2) an institution deemed to be a University under Section 3<br \/>\nof the UGC Act; and<\/p>\n<p>(3) an institution specially empowered by an Act of<br \/>\nParliament to confer or grant degrees.\n<\/p>\n<p>6.1\tThe fact that there are three kinds of authorities empowered to<br \/>\ngrant degrees or diplomas is too well known in educational field and is<br \/>\nlegislatively taken note of as aforesaid.  Thus it is clear that there are<br \/>\nvarious institutions in India other than Universities which are<br \/>\nempowered to confer or grant degrees and diplomas and AIIMS is one<br \/>\nsuch institution.  Therefore, it cannot be said that mere fact of being<br \/>\nempowered under the AIIMS Act to confer degrees or diplomas, would<br \/>\nconvert it into a University established by law.\n<\/p>\n<p>7.\tThe intention of the legislature is primarily to be gathered from the<br \/>\nlanguage used in the statute, thus paying attention to what has been<br \/>\nsaid as also to what has not been said.\t  When the words used are not<br \/>\nambiguous, literal  meaning has to be applied, which is the golden rule of<br \/>\ninterpretation.\n<\/p>\n<p>8.\tTo interpret the meaning of the expression University  the  High<br \/>\nCourt proceeded to examine various dictionaries. That exercise could not<br \/>\nhave been undertaken by the High Court in view of the fact that the<br \/>\nexpression used in Section 3(d) of the Act is a University established by<br \/>\nlaw. The expression used is not just a University  but University<br \/>\nestablished by law  and the expression\tUniversity  cannot be divorced<br \/>\nfrom the following words established by law.  Entire expression<br \/>\nUniversity established by law  constitutes one concept and is well<br \/>\nknown in law as indicated in Section 22 of the UGC Act.\t Hence,<br \/>\nconstruction of the expression used in the Act with reference to<br \/>\ndictionaries is not called for.\t Such a course will result in either omission<br \/>\nof words in the Act such as established by law\tor to add different words<br \/>\nwhich is not permissible in the language of the Act.\n<\/p>\n<p>9.\tThe learned counsel for respondents referred to large number of<br \/>\ndecisions where the meaning of the expression used in an enactment has<br \/>\nbeen given a wider meaning or even to cover a situation which could not<br \/>\nhave arisen when the law was enacted. But we are afraid, these<br \/>\nprinciples cannot be applied in the present context, for the Parliament is<br \/>\nwell aware of the situation of University,  deemed University and the<br \/>\ninstitutions constituted and empowered under relevant enactments to<br \/>\nconfer degrees and the Act has been amended from time to time, to suit<br \/>\nfresh needs as and when they arose.  Thus,  the Act has not remained<br \/>\nstatic but is catching up with times.  Therefore,  what is not included by<br \/>\nthe legislature cannot be undone by us by adopting the principle of<br \/>\npurposive interpretation.\n<\/p>\n<p>\tAIIMS is an institution, which is specially empowered by Act of<br \/>\nParliament to confer or grant degrees. As a result thereof AIIMS may<br \/>\nimpart education in dentistry and also confer degrees or diplomas as<br \/>\nprovided under the AIIMS Act but that circumstance would not itself<br \/>\nconvert such an institution into a University established by law.  If<br \/>\nParliament had intended that all categories of institutions which impart<br \/>\ndental education will also be covered by Section 3(d) of the Act, it would<br \/>\nnot have provided that it is only a University established by law<br \/>\nimparting dental education could send its representative to the Council.<br \/>\nThe object of Section 3(d) of the Act being to provide representation to the<br \/>\nUniversity established by law, to give any other meaning would strain the<br \/>\nmeaning of the expression University established by law so as to treat<br \/>\nany other  institution empowered by an Act of Parliament to confer or<br \/>\ngrant degrees at par with University established by law for the purpose of<br \/>\nrepresentation on the Council.\tMay be Parliament found that such an<br \/>\ninstitution  to be merely covered by Section 3(c) of the Act so that the<br \/>\ninstitution is merely treated as a dental college in a State training<br \/>\nstudents for recognised dental qualifications from whom the Principals,<br \/>\nDeans, Directors and Vice Principals or Head of the Dental Wing would<br \/>\nalso be elected, if found fit.\tAgain, it is for the Parliament to amend the<br \/>\nlaw to give representation appropriately in the Council to the AIIMS and<br \/>\nthe High Court ought not to have proceeded to consider other modes of<br \/>\ninterpretation when the language of the provision itself is absolutely<br \/>\nclear.\tTherefore,  we think the view taken by the High Court cannot be<br \/>\nsustained. The other question whether the  Governing Body or the<br \/>\nAcademic Committee of the AIIMS is equivalent to a Senate or a Court in<br \/>\na University does not arise for consideration in the view we have taken in<br \/>\nthe matter.\n<\/p>\n<p>10.\tInsofar as respondent No.1 is concerned, inasmuch as his term on<br \/>\nthe Council came to an end in 1996 his petition had become infructuous<br \/>\nby the time it was disposed off and hence nothing need be said on that<br \/>\naspect of the matter.  Appeal is allowed accordingly.  No order as to<br \/>\ncosts.\n<\/p>\n<p>\t\t\t\t    &#8230;J.\n<\/p>\n<p>\t\t\t\t[ S. RAJENDRA BABU ]<\/p>\n<p>\t\t\t\t   &#8230;J.\n<\/p>\n<p>\t\t\t\t    [BRIJESH KUMAR]<br \/>\nAUGUST\t29, 2001.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Dental Council Of India &amp; Anr vs Hari Prakash &amp; Ors on 29 August, 2001 Author: R Babu Bench: S. Rajendra Babu, Brijesh Kumar CASE NO.: Appeal (civil) 14743 of 1996 PETITIONER: DENTAL COUNCIL OF INDIA &amp; ANR. Vs. RESPONDENT: HARI PRAKASH &amp; ORS. DATE OF JUDGMENT: 29\/08\/2001 BENCH: S. Rajendra [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-117822","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Dental Council Of India &amp; Anr vs Hari Prakash &amp; Ors on 29 August, 2001 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dental-council-of-india-anr-vs-hari-prakash-ors-on-29-august-2001\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dental Council Of India &amp; 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