GANESH DAS MAJUMDAR Vs. STATE
LAWS(RAJ)-2000-12-64
HIGH COURT OF RAJASTHAN
Decided on December 11,2000

GANESH DAS MAJUMDAR Appellant
VERSUS
State And Ors. Respondents

JUDGEMENT

R.R. Yadav, J. - (1.) ALTHOUGH , all these aforesaid 26 writ petitions are posted today, for admission but with the consent of the learned Counsel for the parties, I propose to decide these writ petitions on merit, at admission stage.
(2.) IN the aforesaid writ petitions, common questions of law and fact are involved, therefore, all these writ petitions can be disposed of by a composite order. While deciding these writ petitions, by a composite order, SB Civil Writ Petition No. 624/2000 is treated as a leading case. All these writ petitions have been filed, challenging the validity of the notification, dated 21.7.1999, Annexure -R/5 to the reply, whereby, the State Government, in exercise of its powers, conferred Under Section 32 of the Dentists Act, 1948 (hereinafter referred as "the Act of 1948"), constituted Registration Tribunal, consisting of the persons, named therein, for entertaining applications for registration, accompanied by prescribed fee of Rs. 800/ -, within a period of three months, from the date of publication of the aforesaid notification. All the petitioners also claim certain ancillary reliefs, depending upon the validity of the aforesaid -notification, Annexure -R/5 to the reply.
(3.) IT is pertinent to mention here that vide notification dated 30.8.2000, Annexure -R/6 to the reply, the State Government has withdrawn the notification dated 21.7.1999, Annexure -R/5. A mention is made on behalf of the State Government that since the notification, Annexure -R/5, dated 21.7.1999, has been withdrawn, therefore, the instant writ petitions have become infructuous. The aforesaid submission made on behalf of State Government by Mr. Narendra Jain is not acceptable to the learned Counsel for the petitioners which necessitated to decide these writ petitions on merits, at admission stage, taking into account the administrative exigency in this regard and laxity of State Government, not constituting State Dental Council within the meaning of Section 21 of Dentists Act, 1948, even after expiry of more than 51 years.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.