Dr. Sera Abraham & Ors. v. UOI & Anr.

Delhi High Court · 30 Jul 2015 · 2015:DHC:11457-DB
The Chief Justice; J. Jayant Nath
W.P.(C) 4121/2008 & W.P.(C) 8981/2008
2015:DHC:11457-DB
constitutional petition_dismissed Procedural

AI Summary

Two writ petitions challenging Dental Council regulations were dismissed for non-prosecution due to petitioners' failure to pursue the matter.

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]d HIGH COURT OF DELHI
W.P.(C) 4121/2008
DR. SERA ABRAHAM & ORS. Petitioners
Through: Mr.Shravan Sahny, Advocate.
VERSUS
UOI & ANR. Respondents
Through: Mr. T.Singhdev andMs.Puja Sarkar, Advocates for R-2/MCI
W.P.(C) 8981/2008
DR. ROHIT FERNANDEZ & ORS. Petitioner
Through: None.
VERSUS
UNION OF INDIA & ANR. Respondents
Through: Mr. T.Singhdev and Ms.Puja Sarkar, Advocates for R-2/MCI
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
ORDER o/o 30.07.2015
JUDGMENT

1. These two writ petitions are filed inthe year 2008 with the following prayer:- "(a) Pass a writ, order or direction inthe nature of a Prohibition restraining the respondents from in any manner giving effect to Minimum Basic Qualification and Teaching Experience required for Teachers for Under Graduate Dental Studies prescribed by the BDS course Regulations, 2007 dated 10.09.2007 and the decision taken by the Executive Committee of the Dental Council dated 2-3'"'' December, 2007 as they are without authority of law, void and beyond the competence of the Dental Council to frame; consequentially; W.P.(C) 4121/2008 &W.P.(C) 8981/2008 Page 1of[2] 2015:DHC:11457-DB (b) Pass a writ, order or direction in the nature of a Certiorari calling for the records pertaining to the publication/notification of the BDS course Regulations, 2007 and after perusing the same quash the said Regulations in so far as it prescribes Minimum Basic Qualification and Teaching Experience for Teachers for Under Graduate Dental Studies as well as the decision of the Dental Council communicated under cover of the letter dated 28.01.2008 as being unconstitutional, ultra vires the Dentists Act 1948 and being violative of the Fundamental Rights of the Petitioners under Article 14 and 19(1) (g) of the Constitution of India."

2. When the matters were taken up for hearing on 06.07.2015, the learned counsel for the petitioners made a request for adjournment to enable him to get instructions as to whether anything survives in the matter for adjudication at this point oftime. Accordingly, the petitions were adjourned to 13.07.2015 and again to 30.07.2015.

3. When the matters are called today, the learned counsel for the petitioners reported no instructions stating that in spite of their best efforts there is no response from the petitioners. Recording the same, the writ petitions are dismissed for nonprosecution.

CHIEF JUSTICE JULY 30,2015/r[6] JAYANT NATH, J