How the rules and regulations have been twisted to select a secretary to DCI.
As per the Dentist Act, section 8.1 ( quoted by the DCI in its office memo) it says ' the Council shall select a secretary'. It was decided that the secretary will be selected by a committee ( probably to give the impression of fairness). The 1956 regulation in Part IV section 47-51, clearly defines how a committee has to be selected. It says that ' The council at anytime shall, by adoption of a motion, appoint a committee........'
The key word is 'the Council'. In the preamble to the 1948 Act and the 1956 Regulation, 'The Council' is defined as ' The Dental Council of India, constituted under section 3 of the Dentists Act'. This means that the Council means all the members of the General Body ( GB). Therefore any act by the DCI requiring the Council to decide means that the decision has to be taken at a GB.
Now look at how the Secretary was selected. The DCI calls for a vacancy of secretary ( having thrown out the previous acting secretary because he was not co-operative) in the Employment news. The President/ EC appoints a committee. Now it is very important to understand that neither the President of DCI nor the EC is the 'Council'. I am reiterating again, that the Council means, all the members of DCI under section 3, which means the GB. Therefore 'the committee' should have been formed at the 134 th GB. It was not. It was constituted illegally by the President and the EC subsequently. They then went ahead with the interview despite objection from the Health Ministry ( letter reproduced). The selection was then ratified by the EC and the 135th GB. This is completely illegal as 'the Committee' consisting of the President, Vice President and a member are per se illegal because it was illegally constituted.
This same modus operandi has been used to grant favours to Dental Colleges, by sanctioning PG and increasing BDS and MDS seats without prior sanction of GB. The whole process, it appears, is a manipulation by the President and his close friends in the EC leaving the GB to be a silent spectator with no powers. The subsequent ratification is obviously just a joke!!
