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RAJASTHAN HIGH COURT
Sangeet Lodha, Manoj Kumar Garg, JJ.
Rajasthan Para Medical Council & Ors. - Appellants
Versus
Anupam Prakash & Ors. - Respondents
Spl. Appeal. Writ No. 381, 387, 433, 495 of 2021
Decided On : 04-10-2021
[INTERIM ORDER] - [PROVISIONAL REGISTRATION] - The court addressed the interim order directing the Para Medical Council Rajasthan to issue provisional registration certificates to eligible respondents. The court emphasized the nature of interim orders and the ability of the appellant to seek vacating of the order, while also noting the need for a timely resolution of the pending writ petitions due to the potential impact on many individuals involved.
Fact of the Case:
Intra-Court appeals were filed against an interim order directing the Para Medical Council Rajasthan to issue provisional registration certificates to certain respondents, which had already been executed.
Finding of the Court:
The court found that the provisional certificates had been issued and acknowledged the pending status of the writ petitions and stay petitions before the learned Single Judge. It noted the appellant's right to request the vacating of the interim order.
Issues: Whether the interim order directing the issuance of provisional registration certificates was appropriate and how the observations made by the learned Single Judge would affect the appellant's arguments.
Ratio Decidendi: The court clarified that interim orders are provisional and do not preclude the appellant from contesting the issues in the main writ petitions. The court also highlighted the importance of resolving the pending matters expeditiously due to the broader implications for affected individuals.
Result: The intra-Court appeals were dismissed, with the court encouraging the learned Single Judge to expedite the hearing of the writ petitions.
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 the order under appeal.
6. It is pertinent to note that the order passed is only an interim order, obviously, the observations made therein, shall not come in the way of the appellant in advancing the arguments on the issues involved.
7. The intra-Court appeals are dismissed with the observation made as above.
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....
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