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2021 DIGILAW 2117 (RAJ)

Suresh Chand Garg v. State of Rajasthan

2021-11-12

INDERJEET SINGH

body2021
JUDGMENT Inderjeet Singh, J. - Counsel for the petitioners submitted that the issue involved in this writ petition has been considered by the Coordinate Bench of this court at Principal Seat Jodhpur passed in S.B. Civil Writ Petition No.14904/2021 in the matter of Dr. Alay Bhargava & Anr. Vs. The State of Rajasthan & Ors., wherein on 28.10.2021, the following order was passed:- "1. Mr. Himanshu Jain, learned counsel for the petitioners invited Court?s attention towards order dated 07.02.2020 passed by Hon?ble the Supreme Court in Special Leave to Appeal No.3058/2020 and submits that an identical relief be provided to the petitioners. 2. Hon?ble the Supreme Court has passed the following order:- " Issue notice. By way of interim relief, it is directed that no penal action will be taken against a doctor who has put in practice for not less than 15 years, in case he does not take the proposed examination. It is, however, made clear that candidates are free to take the proposed examination." 3. In view of the aforesaid order, issue notice. Issue notice of stay application also. 4. Mr. KS Rajpurohit, AAG is directed to accept notices on behalf of the respondents. He prays for and is granted four weeks? time to file reply. 5. In the meanwhile, no final actions shall be taken against the petitioners who have put in more than 15 years of practice, in case they do not take the proposed examination under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014. 6. It is however, made clear that the petitioners shall be free to take the proposed examination, if they wish." 2. Counsel for the respondents seeks two weeks? time to file reply. 3. Meanwhile, no penal actions shall be taken against the petitioners who has put in more than 15 years of practice, in case they do not take the proposed examination under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (Six Months Training) Rules, 2014. 4. It is however, made clear that the petitioners shall be free to take the proposed examination, if they wish.