Judgment

Both these appeals, by special leave, arise out of the judgment and order of the High Court of Delhi in CWP No. 3021 of 1995, decided on 31st August, 1995.

2. 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.

3. Section 3 of the Dentish 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 be conducted in the prescribed manner, and where anay dispute arising regarding 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 pescribed by rules or regulations made under this Act.

Section 6(1) provides as follows:-

“6. (1) Subject to the prov