JUDGMENT

Rajendra Babu, J.-1. The facts leading to this appeal are as follows :

1.1 Dr. Sidhu, Professor & Head of the 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 respondent No.1 was stated to have been elected by the Dental Faculty of the AIIMS, which was approved by the Chairman, Academic Committee and his name was forwarded to the Council as member of the Council representing the AIIMS for the unexpired period of Dr. Sidhu s nomination. A communication was sent by the Acting President of the Council that respondent No. 1 has not been elected by the members of the Senate or the Court and the AIIMS has no Senate or Court and his membership to the Council as representative of the AIIMS was being terminated and his name would stand deleted and that AIIMS was not also eligible to send its elected representative to the Council. Aggrieved by that action, a writ petition was filed be