The Jharkhand High Court labeling the State Government’s order arbitrary has nullified its order appointing Dr VK Prajapati as member of the Dental Council of India representing Jharkhand.
Dr Prajapti who is serving as Associate Professor and Head of Oral & Maxillofacial surgery Department at RIMS was replaced with Dr Vivek Kumar by the Health Department through a fresh notification issued in February, 2016.
The Bench of Justice R Mukhopadhyay while rejecting the notification has said in its recent order that it, “apart from being violative of the principles of natural justice the impugned order appears to be fraught with arbitrariness inasmuch as no reason have been assigned while replacing the petitioner with respondent No 3 (Dr VK Prajapati) as nominated member in the Dental Council of India.
The State authorities cannot be permitted to exercise their powers at their pleasure and at their whims in an unfettered and unbridled fashion as such action has to have a justification and must indicate fairness otherwise such decision would not succeed the test on judicial review.”
The Department had in August 2014 appointed Dr Vivek Kumar as member of Jharkhand Dental Registry Tribunal and further went on nominating him as member of the DCI to represent the State at the apex dentistry body of the country.
“The tenure was till August 19, 2019 but by a notification coming in February 2016, the earlier notification issued was withdrawn and I was be replaced with Dr Prajapti. I was not served any notice prior to the decision made and this denied any fair chance to explain my position under the law of natural justice,” said Dr Vivek on Monday after accessing to the court judgment.
In its responses before the Court, the Department had stated that Dr Vivek was not enrolled as dentist in Jharkhand after the State registration tribunal came into existence and his name was missing from the first register of the practitioners working here was prepared and therefore he was rightly replaced by Dr Prajapti.
However, the court citing Anil Kolhi vs Union of India order of 1994 said that both the persons claimed and appeared to be eligible for the membership of DCI representing the State, but the Government order was issued without giving any proper reason while recalling the earlier notification and nomination of Dr Vivek Kumar.
Finally, the HC judging the order of the Department dated February 5, 2016 as unsustainable in the eye of law quashed it and set aside the matter remitted back to the Government to pass a fresh reasoned order in accordance with law and providing opportunity to all parties to present their views “within a period of six weeks” from the order.