AIIMS not a university: SC

By T. Padmanabha Rao

NEW DELHI, SEPT. 2. The All India Institute of Medical Sciences (AIIMS), empowered by the AIIMS Act, 1956 to impart education in dentistry (besides other disciplines such as medicine), and also confer degrees or diplomas would not fall under the category of ``a university established by law'', the Supreme Court has ruled.

``If Parliament had intended that all categories of institutions which impart dental education would also be covered by Section 3(d) of the Dentists Act, 1948, it would not have provided that it is only a university established by law imparting dental education that could send its representative to the (Dental) council,'' the Bench said. Delivering the judgment, Mr. Justice S. Rajendra Babu set aside a conclusion of the Delhi High Court which held that though the AIIMS, was ``not technically a university'', it could be treated a `deemed university' to send its representative to the Dental Council.

The Bench, which included Mr. Justice Brijesh Kumar, allowed an appeal from the Dental Council of India (appellant) against the High Court's verdict. The High Court held that the action of the Dental Council in terminating the membership of the respondent- professor and head of the department of Dental Surgery as representative of AIIMS to the Council was wrong. The apex court reversed this view of the High Court.

``The object of Section 3(d) of the Dentists Act being to provide representation to the university established by law, to give any other meaning would strain the meaning of the 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 Dentist Council.

``It is for Parliament to amend the law to give representation appropriately in the Dental Council to the AIIMS,'' the Bench said.

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