IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
K. Pavithraya & Others - Appellant
Versus
Union Territory of Puducherry, Represented by its Principal Secretary to Government (Health)-cum-Appellate Authority, Chief Secretariat, Puducherry - Respondent
WP Nos. 11314, 11316 & 11317 of 2011
Decided On : 20-01-2022
Constitution of India,1950 - Article 226 - Dentists Act, 1948 – Sections 32 (2) and 33(1)(b) - Dental qualification - Register of Dentist - Petitioners underwent training in Dentistry under qualified Dentists and thereafter, petitioners started their practice as Dentists independently within Union Territory of Pondicherry - A Notification was issued by Government of Pondicherry constituting a Registration Tribunal for preparation of first Register of Dentists in Union Territory of Pondicherry under Section 32 of Act, 1948. 15.02.1980 was last date for receiving application for registration of Dentists in Union Territory of Pondicherry and appointed date for purpose of Section 32 (2) of Act, 1948 - Held, When Act came into force on 29.03.1948, to establish date for Government of Puducherry for purpose of Section 32 was 15.02.1980. This made these kind of unqualified persons to submit their applications for registration - Perusal of details of petitioners would reveal that there are many discrepancies even in certificates filed by these petitioners and experience certificates would reveal that they were practising Dentist at age of 12, 16, 13 years, which cannot be trusted upon nor be approved - It is brought to notice of this Court that it is not made clear whether they are practising as dentists or not - If so, all suitable actions are to be initiated - Respondent is directed to communicate copy of this order to jurisdictional District Collector, wherein petitioners are residing and in event of finding out that these practitioners are practising Dentist, then appropriate actions are to be initiated against those persons - Writ petitions dismissed.
JUDGMENT
Prayer: WP 11314 of 2011is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the order of the respondent in Dental Appeal No.3 of 2010 dated 03.08.2010 and quash the same and consequently, direct the respondent to register the petitioner's name in the Register of Dentist as per Section 33(1)(b) of the Dentists Act, 1948.
WP 11316 of 2011is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the order of the respondent in Dental Appeal No.13 of 2010 dated 03.08.2010 and quash the same and consequently, direct the respondent to register the petitioner's name in the Register of Dentist as per Section 33(1)(b) of the Dentists Act, 1948.
WP 11317 of 2011is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the order of the respondent in Dental Appeal No.4 of 2010 dated 03.08.2010 and quash the same and consequently, direct the respondent to register the petitioner's name in the Register of Dentist as per Section 33(1)(b) of the Dentists Act, 1948.
1. The Appellate Order dated 03.08.2010 is under challenge in these writ petitions and further direction is sought for to direct the respondent to register the name of the petitioners in the Register of Dentists as per Section 33(1)(b) of the Dentists Act, 1948.
2. In between the period from 1970 to 1980, the petitioners underwent training in Dentistry under qualified Dentists by name Dr.C.N.Ravi, Dental Surgeon, Anthiyur and Dr.M.K.UInni, Tiruppathur respectively and thereafter, the petitioners started their practice as Dentists independently within the Union Territory of Pondicherry. On 13.12.1978, a Notification was issued by the Government of Pondicherry constituting a Registration Tribunal for the preparation of first Register of Dentists in the Union Territory of Pondicherry under Section 32 of the Dentists Act, 1948. 15.02.1980 was the last date for receiving the application for registration of Dentists in the Union Territory of Pondicherry and appointed date for the purpose of Section 32 (2) of the Dentists Act, 1948 [hereinafter referred to as the 'Act', in short].
3. The petitioners submitted their application under Section 33 (b) of the Act, as they had the required practice in Dentistry, as principal means of livelihood for a period not less than five years prior to the appointed date notified under Section 32 (2) of the Act. The applications submitted by the petitioners were rejected by the Registrar of Dentists Registration Tribunal on the ground that the petitioners had not furnished any supporting documents to prove their residence/practice at Pondicherry. The said rejection was passed on 22.06.1982. The petitioners preferred an appeal under Section 32 (4) of the Act, to the respondent, who is the Appellate Authority under Section 32 (4) of the Act.
4. The petitioners filed extracts of Ration Cards and Voters List in proof of their residence. The petitioners approached this Court by filing WP Nos.30496, 28205 and 30497 of 2005 respectively and this Court directed the Appellate Authority to decide the appeals on merits and in accordance with law on 21.09.2005 and 02.09.2005 respectively. Thereafter, the petitioners received notice from the Appellate Authority for furnishing all the relevant documents and the petitioners furnished their proof of age, experience, place of residence etc. Another notice dated 27.01.2006 was issued by the respondent, asking the petitioners to appear before the Appellate Authority on 30.01.2006, which also complied with by the petitioners. In spite of that, the cases of the petitioners were not considered and t
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