The Government may appoint a temporary President of a regulatory body when both the President and Vice President offices are vacant, invoking the doctrine of necessity to ensure governance continuity in the public interest.

Headnote:(A) Dentists Act, 1948 - Sections 7, 8, 39 - Dental Council of India Regulations, 1956 - Appointment of President and Vice President - The action of the Government of India in appointing a temporary President where both offices were vacant was challenged by members of the Council, claiming statutory provisions precluded such action. The Court examined the powers granted under the Act and Regulations, determining the Government had exercised discretion during an unprecedented vacancy in public interest. (Paras 6-10, 12-16)

(B) Doctrine of Necessity - The Court addressed the applicability of this common law doctrine in situations lacking legislative clarity, emphasizing the need for continuity in governance. (Paras 15-16)

Facts of the case:
The respondents' actions in appointing a temporary President were challenged by members of the Dental Council of India after a series of resignations left both the President and Vice President offices vacant. The petitioners contended the Government lacked the power to make such appointments.

Findings of Court:
The Court recognized the necessity of appointing a temporary President to ensure the regulatory body functions effectively, concluding that doing so was in the public interest.

Issues: The core issues included the legality of the Government appointing a temporary President and the adherence to statutory protocols for elections within the Council.

Ratio Decidendi: The Court ruled that the Government acted within its powers to appoint a temporary President due to the unique circumstances the Council faced, affirming the invocation of the doctrine of necessity.

Result: The application was disposed of with directions to hold elections for the Vice President.

Table of Content
1. petition challenging government order of appointment (Para 1 , 2)
2. factual basis for legal challenge provided (Para 5)
3. petitioners argue against powers of government to appoint (Para 6 , 9 , 10)
4. arguments about qualifications and appropriateness of appointee (Para 7 , 8 , 14)
5. counterarguments and assertions of authority discussed (Para 11 , 13)
6. doctrine of necessity invoked for appointment (Para 12 , 15)
7. decision to maintain democratic processes in council functioning (Para 18 , 19 , 21)
8. order for elections to be held for vice president (Para 22)

ORDER

C.M. No. 16529/2021 (for stay) in W.P.(C) 5355/2021

1. The present writ petition impugns Order dated 11th May, 2021 issued by the respondent no.1 (Government of India) by which respondent no.1 has asked the respondent no.3 (Dr. Ashok Khandelwal) to discharge the functions of President of the respondent no.2, Dental Council of India (council) with immediate effect. A further direction is sought to the respondent no.2 council to elect a Chairman of the respondent no.2 council through the process of circulation, as provided in Clauses 3 (5) and 8 of the Regulations of the Dental Council of India, 1956 (Regulations) till the posts of President and Vice President remain vacant.

2. Along with the said writ petition, the petitioners have also filed the present application, being C.M. No.16529/2021 for staying the operation of the impugned Order dated 11th May, 2021.

3. The writ petition was heard by the Roster Bench on 18th May, 2021 and on which date, counsels for the respondents were asked to obtain instructions whether elections could be held for the post of Vice President of respondent no.2 council sometime in the near future. The matter was adjourned to 27th May, 2021, on which date counsels for the respondents informed the Court that conducting elections would have to await a 40 days' notice period as per the Regulations and therefore, cannot be conducted anytime soon, which was opposed by the petitioners. The matter was adjourned for 4th June, 2021 for the respondent no.1 to obtain instructions. On 4th June, 2021, the Roster Bench recused from hearing of the present petition and in view of the fact that the application for interim relief had been adjourned on the last two occasions, the matter was placed before the Vacation Bench on 7th June, 2021.

4. With the consent of the counsels appearing in the matter, the interim application (C.M. No.16529/2021) was heard on the said date and orders were reserved. As directed, both sides have filed written submissions as well as pleadings in W.P.(C) Nos.9053/2020 and 5339/2021, which as per the respondents are connected with the present petition. When the matter was argued on 7th June, 2021 learned senior counsel for the petitioners submitted that an application for placing on record additional documents has been filed, whereas the counsels for the respondents stated that they have filed an application for tagging the present petition with W.P.(C) No.9053/2020. However, the same were not on record. Considering the nature of the applications, the counsels were directed to e-mail the said applications to the Court Master and I have perused the contents of the said applications/documents filed with the applications before passing this Order.

5. Brief facts necessary for deciding the said application are given hereinafter. The present petition has been filed by four petitioners, who are members of the respondent no.2 council, which is the regulatory body for dentists in India, governed by the DENTISTS ACT , 1948 (the Act). On 9th November, 2020, the then President of the respondent no.2 council, Dr. Dibyendu Mazumdar was removed by the respondent no.1. Dr. Mazumdar challenged his removal by filing W.P.(C) No.9053/2020 before this Court, in which judgment has been reserved by a Coordinate Bench on 31st May, 2021. In terms of Clause 35 of the Regulations, the Vice President of the Council acts in place of