Colombian dentist secures order against Dental Council

Apr 07, 2009 News

Colombian dentist, Ruben Dario Mercado Navas, has secured orders against the Dental Council of Guyana for refusing to grant permission for him to work as a dentist in Guyana, for this year.
Justice Roxanne George-Wiltshire granted an Order or Rule Nisi of Certiorari directed to the Dental Council of Guyana, a statutory body established by the Dental Registration Act 1996, calling on the establishment to show cause why its decision made on or about the March 18, 2009, refusing to grant permission to work as a dentist in Guyana, for the year 2009, should not be quashed.
The judge also granted a Rule Nisi of Prohibition directed to the Dental Council to show cause why it should not be restrained from taking any steps or measures or any action whatsoever towards preventing the Mercado from practising dentistry or from trading as a Dental Practitioner.
A Rule Nisi of Mandamus was also granted for the dental council to show cause why it should not be compelled to register Mercado as a Dental Practitioner.
The judge also called on the said Dental Council to show cause why these orders should not be made absolute.
These orders were sought by Mercado and his attorney, Anil Nandlall, on the grounds that the actions of the Dental Council, if carried out, would be “unlawful, unfair, unreasonable, arbitrary, capricious, oppressive, malicious, vindictive, unfairly disappoints the Applicant’s legitimate expectation, is biased, made in bad faith and based on irrelevant and improper considerations, is contrary to the principles of natural justice, ultra vires, null, void and of no legal effect.”
Mercado’s supporting affidavit states that he is qualified and certified Dental Surgeon, engaged in the practice of dentistry since 1996.
It added that whilst in Colombia, Dr. Cheddi B. Jagan Jnr. made contact with Mercado and offered him a job at his dentistry clinic based on a recommendation of one of his friends, who was at that time employed by him.
As a result, he travelled to Guyana, some time in March 2003, and on the June 1, 2003, he entered into a written contract of
employment with Dr. Cheddi B. Jagan Jnr. for a period of three years.
“It was a term of the said contract of employment that I may resign my employment and terminate the said contract by giving Dr. Cheddi B. Jagan Jnr. one month’s notice of my intention to do so,” the affidavit said.
On June 24, 2003, it added, Mercado became duly registered with the Dental Council of Guyana, under the Dental Registration Act 1996, as a dental practitioner, entitled to practice dentistry in Guyana.
“During the time that I was in the employ of Dr. Cheddi B. Jagan Jnr., I did not encounter any problems in either registering as a dental practitioner with the Dental Council of Guyana under the Dental Registration Act 1996, or in obtaining the necessary Extension of Stay/ Work Permit/Multiple Entry Business Visa from the Ministry of Home Affairs.”
The affidavit also states that by a letter of resignation dated October 3, 2005, Mercado resigned his employment with Dr. Cheddi B. Jagan Jnr.
And upon receiving the notice of resignation, Dr. Cheddi B. Jagan Jnr. threatened Mercado that if he left his employ, he would not be able to work in Guyana again; that he would go to his cousin, Dr. Clive Jagan, the Chairman of the Dental Council of Guyana to revoke Mercado’s registration as a dental practitioner.
“On the 15th day of September, 2005, I entered into a contract of employment with the Government of Guyana to perform the duties of a Dental Surgeon in Region 4. It was from this moment that I started encountering problems with protecting and safeguarding my employment in Guyana and with registering as a dental practitioner with the Dental Council of Guyana.”
It also said that on November 28, 2005, Mercado received a letter from the Dental Council of Guyana, signed by the Chairman of the Dental Council of Guyana, Dr. Clive R. Jagan, informing him that his registration to practise dentistry in Guyana was revoked.
“No good reasons were advanced for the revocation of my registration, neither was I afforded a hearing in respect thereof. Additionally, a complaint was made by Dr. Cheddi B. Jagan Jnr. and adjudicated upon by his cousin, Dr. Clive Jagan, as Chairman of the Dental Council and therefore the decision to revoke was tainted with bias.”

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