Delhi High Court declines to interfere with Centre's Dental Council President order

The Delhi High Court on Friday declined to interfere with the Union government's May 11 order allowing Dr Ashok Khandelwal to discharge function as President of the Dental Council of India.

A vacation bench of Justice Amit Bansal, however, directed for holding elections to the post of Vice-President forthwith as the matter related to election to the post of President was subjudice.

The court appointed former judge, Justice G S Sistani as an observer for the conduct of the virtual poll.

The court passed its order on a petition filed by Dr Vivek Kumar and three others questioning the validity of the May 11 order, on the ground that the Centre did not have the power to nominate President.

"Whether the Union government has the power to appoint a person to discharge function of President or Vice President of the Dental Council of India can only be decided at the final hearing of the present petition and not at the interim stage," the bench said.

The court noted the Centre rightly invoked the doctrine of necessity in the present scenario, where the council was left in an unprecedented situation without a President and a Vice President.

It also pointed out that the appointment was made on a temporary basis till the election took place.

The court, however, said, "It is essential that institutions like the council, that perform important public functions, continue to retain their democratic character. After all, democratic values are the essence of our society and elections are the bedrock of democracy."

Though the election of the President is subjudice, there is no impediment in the election of the Vice President, it noted.