INDIAN DENTAAL HYGIENIST AND TECHNOLOGY ASSOCIATION THRU. ITS GENERAL SECRETARY RAJIV TIWARI v. U.O.I. THRU. SECY. MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI AND 3 OTHERS
WRIC/2866/2025 · 2025-03-27
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130212 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130212 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17545-DB Court No. - 2 Case :- WRIT - C No. - 2866 of 2025 Petitioner :- Indian Dentaal Hygienist And Technology Association Thru. Its General Secretary Rajiv Tiwari Respondent :- U.O.I. Thru. Secy. Ministry Of Health And Family Welfare New Delhi And 3 Others Counsel for Petitioner :- Nitin Kumar Mishra Counsel for Respondent :- A.S.G.I.,Amit Jaiswal Ojus Law,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard Shri Nitin Kumar Mishra, learned counsel for the petitioner, Shri Varun Pandey, learned counsel for Union of India, Shri Amit Jaiswal, learned counsel for respondent no.2 and learned Standing Counsel for respondent no.4.
2. By means of this writ petition, the petitioner has sought a writ to declare Sections 15, 31 and 32 of the National Dental Commission Act, 2023 as ultra vires of the Articles 14, 19 and 21 of the Constitution of India and one other ancillary relief has also been sought.
3. The notification dated 29.02.2024 has been placed before us and is taken on record.
4. A preliminary objection has been raised by learned counsel for the opposite party no.2 that as per Section 1(3) of the National Dental Commission Act, 2023, the Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
5. The submission of learned counsel for opposite party no.2 is that there is only one notification pertaining to the National Dental Commission Act, 2023 which is dated 29.02.2024 and the said notification does not relate to coming into force of Sections 15, 31 and 32, vires of which has been challenged in this writ petition
6. On being confronted, learned counsel for the petitioner could not show that the factual or legal position was otherwise.
7. The writ petition is not maintainable at this stage and is, accordingly, dismissed. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 27.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench