Back
SANGEET LODHA, MANOJ KUMAR GARG
Rajasthan Para Medical Council – Appellant
Versus
Anupam Prakash – Respondent
JUDGMENT
1. These intra-Court appeals are directed against the interim order dated 16.3.21 passed by the learned Single Judge of this Court, whereby the Para Medical Council Rajasthan is directed to issue provisional registration certificates to the respondents herein, if they are otherwise eligible.
2. It is not disputed before us that pursuant to the interim order passed by this Court the provisional certificates have already been issued to the respondents herein. A perusal of the order reveals that the writ petitions and the stay petitions are still pending consideration before the learned Single Judge.
3. It is always open for the appellant to make a prayer before the learned Single Judge for vacating the interim order, after filing reply, if not already filed.
4. That apart, taking into consideration the controversy involved where a large number of persons are likely to be affected by decision of the writ petitions, we consider it appropriate to request the learned Single Judge to hear the writ petitions and decide the same.
5. At this stage, learned counsel appearing for the appellant has raised the grievance regarding observation made by the learned Single Judge in Para No.32 of
Interim orders can direct provisional actions while allowing for further legal contestation, and courts should prioritize timely resolutions in cases affecting multiple parties.
Intra court appeals under Clause X of the Letters Patent are not maintainable against interim orders that do not finally decide any issues in controversy.
Interlocutory orders that do not determine the rights and obligations of parties are not considered 'judgments' for appeal under Letters Patent.
Interlocutory orders do not constitute 'judgments' under Clause 15 of the Letters Patent, and appeals against them are not maintainable.
Writ appeals against interlocutory orders are not maintainable unless such orders constitute a 'judgment' under Letters Patent, determining rights or effects in the main case.
An appeal against an interim order is not maintainable; the appellant must file an application for vacation of the order.
Point of Law : Order passed on an application for interim relief is ordinarily not a "judgment" but it will qualify to be called ''judgment' if it affects valuable right of the party or decides an im....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
