V.K.MATHUR,DINESH MAHESHWARI, JJ. - (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. 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.
(3.) 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.;