TMI Blog2001 (8) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Senate or the Court and the AIIMS has no Senate or Court and his membership to the Council as representative of the AIIMS was being terminated and his name would stand deleted and that AIIMS was not also eligible to send its elected representative to the Council. Aggrieved by that action, a writ petition was filed before the High Court. The stand of respondent No.1 is that the medical degrees granted by the AIIMS are recognised as medical qualifications for the purpose of the Act and has been included in the Schedule to the Act as recognised dental qualification within the meaning of Section 2(j) of the Act; that the provisions of Section 3(d) of the Act must be liberally construed in such a manner as to treat AIIMS as a University and the Academic Committee of the AIIMS as the Senate of the University and the Governing Body as Court of the University within the meaning of the said Section. On behalf of the Council, contention put forth is that respondent No.1 could not be elected under the provisions of Section 3(d) of the Act as AIIMS cannot be treated to be a University established by law in any State; that the language of Section 3(d) of the Act is clear and unambiguous a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 3(d) of the Act. We are of the view that if Section 3(d) of the Act is given literal and narrow interpretation it would be contrary to the apparent purpose for which the Act was enacted. There seems to be no reason why the expertise of the AIIMS, which imparts post- graduate training and degree in this branch of medical science, duly recognised by the Council, could not be made use of by the Council to advance the object of the legislation by its representation in the Council. 1.4 On that basis, the High Court held that the action of the appellant is wrong and allowed the writ petition.. Against this order this appeal is preferred. 1.5 Shri P.P.Rao, learned Senior Advocate appearing for the appellant, raised a preliminary point that the writ petition filed before the High Court was only in relation to nomination of respondent No.1 to the Council and his term having come to an end on 3.1.1996, there was no occasion for the High Court to decide the matter on July 23, 1996. As the period for which respondent No.1 was nominated had lapsed, the petition should have been disposed of as having become infructuous. We do not think the High Court was not justified in decidi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be a member of the Dental Faculty of the University and if there is no Dental Faculty then he should be the member of the Medical Faculty. In the AIIMS there is no Senate or Court but only a governing body and other committees. There is no Dental Faculty or a Medical Faculty as such, as in the AIIMS, the entire institute being a medical institute, to attract clause (d) of Section 3. 2.5 On a correct interpretation of Section 3, the AIIMS can secure representation in the Dental Council only under clause (f) as and when the Central Government chooses to nominate a Member of the Department of Dentistry of the AIIMS and not under clause (d) of Section 3. 2.6 The principle of reading down has no application at all to this case. 2.7 Shri R.N.Trivedi, learned Additional Solicitor General for India appearing for AIIMS, submitted that the AIIMS Act had been enacted pursuant to Entry 63 or 64 of List I of the Seventh Schedule to the Constitution of India and took us through various provisions of the AIIMS Act. He contended that if we properly examine the scheme of Section 3 of the Act, several classes of members are provided under the same and one of them is a University which can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, certain changes in the Act were made and, therefore, when the expression State has been used in Section 3(d) of the Act, that background should not be forgotten and the same has to be borne in mind and interpreted appropriately. So done, he submitted that, the expression State in Section 3(d) of the Act would not cover a Union Territory like Delhi where AIIMS is located. 3. For purposes of proper appreciation of the rival contentions, we may set out Section 3 of the Act : Section 3. The Central Government shall, as soon as may be, constitute a Council consisting of the following members, namely:- (a) one registered dentist possessing a recognised dental qualification elected by the dentists registered in Part A of each State register; (b) one member elected from amongst themselves by the members of the Medical Council of India; (c) not more than four members elected from among themselves by- (a) Principals, Deans, Directors and Vice-Principals of dental colleges in the States training students for recognised dental qualifications: Provided that not more than one member shall be elected from the same dental college; (b) Heads of dental wings of medica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de in Section 3(f). The General Clauses Act read with the scheme of the enactment will make it clear that the expression State used in Section 3(d) of the Act would include a Union Territory also. 3.2 The scheme of Section 3(d) of the Act will indicate that there are different constituencies for representation on the Council; first, constituency is from amongst the registered dentists in Part A of each State register; second, from amongst the members of the Medical Council of India; third, from the teaching faculty of different dental colleges such as the Principals, Deans, Directors and Vice-Principals of dental colleges or Heads of dental wings of medical colleges in the States training students for recognised dental qualifications; fourth, from each University established by law in the States which grants a recognised dental qualification; fifth, nominated members from States other than a Union Territory; sixth, from nominated members from the Union Territory and those dentists registered in Part B of a State register; and lastly, the Director General of Health Services. The Act covers the various institutions and Universities over which it has control under the various provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y three categories of institutions, namely,- (1) a University established or incorporated by a Central or a State Act; (2) an institution deemed to be a University under Section 3 of the UGC Act; and (3) an institution specially empowered by an Act of Parliament to confer or grant degrees. 6.1 The fact that there are three kinds of authorities empowered to grant degrees or diplomas is too well known in educational field and is legislatively taken note of as aforesaid. Thus it is clear that there are various institutions in India other than Universities which are empowered to confer or grant degrees and diplomas and AIIMS is one such institution. Therefore, it cannot be said that mere fact of being empowered under the AIIMS Act to confer degrees or diplomas, would convert it into a University established by law. 7. The intention of the legislature is primarily to be gathered from the language used in the statute, thus paying attention to what has been said as also to what has not been said. When the words used are not ambiguous, literal meaning has to be applied, which is the golden rule of interpretation. 8. To interpret the meaning of the expression University the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e expression University established by law so as to treat any other institution empowered by an Act of Parliament to confer or grant degrees at par with University established by law for the purpose of representation on the Council. May be Parliament found that such an institution to be merely covered by Section 3(c) of the Act so that the institution is merely treated as a dental college in a State training students for recognised dental qualifications from whom the Principals, Deans, Directors and Vice Principals or Head of the Dental Wing would also be elected, if found fit. Again, it is for the Parliament to amend the law to give representation appropriately in the Council to the AIIMS and the High Court ought not to have proceeded to consider other modes of interpretation when the language of the provision itself is absolutely clear. Therefore, we think the view taken by the High Court cannot be sustained. The other question whether the Governing Body or the Academic Committee of the AIIMS is equivalent to a Senate or a Court in a University does not arise for consideration in the view we have taken in the matter. 10. Insofar as respondent No.1 is concerned, inasmuch as his ..... 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