An order cancelling a professional registration under Section 41 of the Dentists Act, 1948, is unsustainable if passed without issuing a show-cause notice and affording the affected party a reasonable opportunity of being heard, as such actions violate mandatory statutory requirements and principles of natural justice.

Order on Board

1. Annexure P-1 is an order passed on 30.9.2025 against the petitioner and perusal of which would show that registration of petitioner was cancelled and consequence of which is, name of petitioner has been removed from the register of Dentists maintained by the Chhattisgarh State Dental Council.

2. Though, under sub-section (4) of Section 41 of the Act of 1948, an appeal is provided against the order cancelling registration, however, provisions of Section 41 (1) of the Act of 1948 provides that after giving opportunity of hearing, an inquiry is to be conducted by the Competent Authority before passing the order under Section 41 . In case at hand, pleadings made by petitioner that order impugned is passed in violation of provisions under Section 41 of the Act of 1948 i.e. without issuing show cause notice and without conducting any further inquiry, and in reply no document is filed to refute the very ground raised by petitioner. As, it is stated that the order impugned is passed in violation of principles of natural justice, therefore, I find it appropriate to entertain this writ petition and accordingly, writ petition is considered on merits.

3. Petitioner has filed this writ petition seeking following reliefs:-

“1. This Hon'ble court may be please to issue writ/writ, order/order, direction/directions and quashing the impugned order dated 30.09.2025 (Annex.P/1) passed by the Registrar Chhattisgarh State Dental Council and the Registration of the petitioner may kindly be restore in its original number, the Hon'ble Court may kindly be pleased to set aside the appellate order dated 07.08.2025 (Annex.P/2), passed by the State Appellate Authority as well as the order of suspension dated 18.03.2021 (Annex.P/3) passed by the Registrar Chhattisgarh Dental Council.

2. This Hon'ble Court may be please to call entire records of the proceedings conducted by the respondent authorities.

3. This Hon'ble court may be please to issue a writ in the nature of mandamus directing the respondents to pay a compensation of rupees 2 lakhs to the petitioner for taking illegal action against him.

4. This Hon'ble Court may be please to issue any order or orders, direction or directions, writ or writs as it may deem fit under the facts and circumstances of the case in favour of the petitioner and against the respondents and be also, please to award cost of the petition to the petitioner..”

4. Learned Senior Counsel for petitioner would submit that petitioner is a Dentist and registered with State Dental Council. He is running dental hospital in the name “Chhattisgarh Dental Hospital Raipur”. Hospital of petitioner was empanelled under the scheme known as “Pradhan Mantri Jan Aarogya Yojana (for short ‘Yojana’). During course of providing treatment to patients under the Yojana, it was alleged that petitioner had affixed braces to as many as 1400 children of nearby areas, which was not necessarily required and got the amount under the Yojana. Petitioner was served with show-cause notice and thereafter a penalty of Rs.52,10,000/- is imposed upon him. Further, petitioner has been de-empanelled from the Yojana by passing an order of suspension of registration of petitioner for a period of one year from 18.3.2021 to 18.3.2022. He contended that aggrieved with decision taken against hospital of petitioner, an appeal was preferred before the Appellat