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2013 DIGILAW 1914 (RAJ)

State of Rajasthan v. Rajasthan Nursing Home, Bikaner

2013-10-31

DINESH MAHESHWARI, V.K.MATHUR

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JUDGMENT 1. - At the request of the learned Additional Advocate General Mr. G.R. Punia stating urgency, the matter has been taken on Board today. 2. The learned Additional Advocate General submits that this intra-court appeal has been filed against the interim order dated 25.10.2013 passed in CWP No. 12847/2011 in the peculiar and compelling circumstances. According to the learned Additional Advocate General, though the impugned order dated 25.10.2013 has been passed as an interim order and the writ petition remains pending but, for all its effect and purport, the directions as given in the impugned order are rather of granting final relief to the writ-petitioner particularly when a mandatory direction has been issued to the SDO, Bikaner to renew the registration of the writ petitioner within a period of one week; and seizure of the Sonography Machine has been vacated. 3. The learned AAG submits that the order impugned dated 25.10.2013 does not stand in conformity with the facts of the case as available on record as also the law applicable. According to the learned AAG, as per the document filed with the writ petition (Annexure-7), it was clear that the prayer for renewal of registration was rejected by the Chief Medical and Health Officer on 31.10.2011. It is submitted that even if there had been another prayer made by the writ-petitioner for such renewal by way of the application dated 26.09.2013 (Annexure-R/3 filed with the additional affidavit), the same was duly considered and rejected on 14.10.2013 with reference to the opinion of the Advisory Committee. It is submitted that so far the allegations of the writ-petitioner against the then Chief Medical and Health Officer (now retired) are concerned, the investigation has already been carried out in FIR No. 382/2011 by the Anti Corruption Bureau, Rajasthan, Jaipur and a charge-sheet against him has been filed in the month of January 2013 but for that reason alone, the writ-petitioner does not acquire a right of renewal. In any case, according to the learned AAG, the renewal, if at all to be granted, would remain a subject matter of decision in the writ petition and before final adjudication on all the issues, the mandate for renewal of the registration certificate is likely to result in much of the complications. 4. In any case, according to the learned AAG, the renewal, if at all to be granted, would remain a subject matter of decision in the writ petition and before final adjudication on all the issues, the mandate for renewal of the registration certificate is likely to result in much of the complications. 4. It is also submitted that though the SDO is now the competent authority to deal with the matter of renewal as per the Notification dated 05.01.2012 (Annexure-R/1) but the concerned SDO has otherwise not been joined as a party in the writ petition. 5. The learned Additional Advocate General further submits that so far the Sonography Machine which has been confiscated as per Rule 11 of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 ('the Rules of 1996') and Section 30 of the Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ('the Act of 1994'), further action related to revocation of seizure can only be taken as per the provision of Section 30 of the Act of 1994. 6. It is also submitted that as against the order declining renewal, the remedy of appeal is available to the writ-petitioner per Rule 19 of the Rules of 1996. 7. It is noticed that in the impugned order dated 25.10.2013, the learned Single Judge, has, inter alia, issued positive directions to the following effect:- "Therefore, by way of this interim order, it is directed that the concerned authority, namely, SDO, Bikaner shall renew said registration certificate of the petitioner within a period of one week from today and a copy of such renewal order given to the petitioner may be produced before this Court on the next date and the seizure of the said Sonography Machine shall also stand vacated. Such renewal of registration and revocation of seizure shall however, remain subject to the final decision of this writ petition." 8. Having regard to the facts and circumstances of the case, it is considered appropriate and hence ordered that let notices for final disposal of appeal and stay application be issued to the respondent. 9. In the meanwhile and until further orders, the operation and effect of the above-quoted portion of the order impugned dated 25.10.2013 shall remain stayed. 10. Having regard to the facts and circumstances of the case, it is considered appropriate and hence ordered that let notices for final disposal of appeal and stay application be issued to the respondent. 9. In the meanwhile and until further orders, the operation and effect of the above-quoted portion of the order impugned dated 25.10.2013 shall remain stayed. 10. However, we make it clear that it shall be required of the present appellants to carry out compliance of the requirements of the other part of the order impugned, i.e., production of the relevant record before the Court as regards the proceedings against the earlier Chief Medical and Health Officer. 11. It is also made clear that pendency of this intra-court appeal as also this order shall otherwise not be of impediment in consideration and final disposal of the writ petition on its merits.Appeal Disposed of. *******