Report No. 160
2.5. Relevant provisions under the Dentists Act, 1948 concerning the 'university'.-
A reference to the provisions of section 10A to 10C of the Act shows that the power to permit the establishment of a new dental college, new course of study or training (including a post-graduate course of study or training) etc. is vested in the Central Government. The provisions in section 10A to 10C and the Regulations made thereunder are pari materia to the provisions, or the 1992 amendment made in the Indian Medical Council Act, 1956 and the Regulations cited above.
2.6. Relevant provisions under some Statutes regarding the representation of the universities in the composition of respective Councils.-
(i) In fact under section 3(3)(b) of the Gujarat Medical Council Act, 1967, it is envisaged that the Medical Council shall comprise of among others:-
"(b) one member from each University established by law in the State which has a medical faculty, elected by members of the medical faculty of the University from amongst members thereof who are practitioners."
(ii) Similarly under section 3(3) of the Maharashtra Medical Council Act, 1965, it is provided that the said Medical Council shall comprise, inter alia of:-
"(b) one member from each university established by law in the State which has a medical faculty, elected by members of the medical faculty of the University from amongst members thereof who are practitioners."
(iii) Position under the Indian Medical Council Act, 1956 regarding representation of Universities on that Council.-Section 3 of this Act provides for the constitution and composition of the Medical Council of India. Section 3(1)(b) of the Act provides for inclusion of:-
"(b) one member from each University, to be elected from amongst the members of the medical faculty of the University by members of the senate of the University or in case the University has no senate, by members of the Court;"
(iv) Position under the Dentists Act, 1948.-Section 3 of this Act deals with the Constitution and composition of the Dental Council of India. It provides that the Council shall comprise, inter alia of the following members-
"(d) one member from each university established by law in the States which grants a recognised dental qualification, to be elected by the members of the Senate of the University, or in case the university has no Senate, by the members of the Court, from amongst the members of the Dental Faculty of the University or in case the University has no Dental Faculty, from amongst the members of the Medical Faculty thereof;
"(e) one member to represent each State nominated by the Government of each such State from among persons registered either in a medical register or a dental register of the State."
A cursory glance to the aforequoted provisions shows that there has been statutory recognition of the representation of Universities in the respective Councils. The role of each university is crucial in evolving policies/decisions of the respective councils. Through their presence the Universities can have their say in evolving policies/decisions of the respective councils to achieve the objectives of the enactments. It goes without saying that: each university has a say in making recommendations for granting approval concerning the establishment of a new institution or introduction of new courses.
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