Uttarakhand High Court
SPA/262/2021 on 27 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 27TH DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE ALOK KUMAR VERMA
SPECIAL APPEAL No. 262 of 2021
BETWEEN:
Dr. Krishna Prakash. ....Appellant
(By Mr. Shashank Saun, Advocate)
AND:
Union of India & others. .....Respondents
(By Mr. Shashank Saun, Advocate for the appellant, Mr.
S.C. Dumka, Standing Counsel for Union of India/
respondent no.1, Mrs. Anjali Bhargava, Advocate for
respondent no. 2 & Mr. Pradeep Joshi, Additional C.S.C. for
the State of Uttarakhand/respondent nos. 3 to 5)
This Special Appeal coming on for hearing this day,
Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
following Judgment:
JUDGEMENT
This Appeal is directed against the order dated
24.08.2021, whereby learned Single Judge granted
three weeks' time to Dental Council of India to file
counter affidavit.
2. According to the appellant, he was entitled for
an interim order and since such order was not passed on
the said date, therefore, he has preferred this Appeal.
3. In his Writ Petition, appellant had sought the
following reliefs:-
"I. Issue a writ, order or direction in the
nature of Certiorari quashing the order dated
13th October, 2020 passed by the Dental
Council of India on the subject of extension of
membership of the petitioner.
II. Issue a writ, order or direction in the
nature of mandamus directing the respondent
no. 2 to permit the petitioner to contest the
election of Vice-President to be held on 29th &
30th August, 2021 after reinstating him as a
member of the Council on the panel of State
of Uttarakhand."
4. Dental Council of India had refused to accede
to the extension of nomination of the appellant, made by
the State Government, on the ground that it was not as
per the provisions contained in the Dentists Act, 1948.
The decision taken by the Dental Council of India was
communicated to the petitioner vide letter dated
13.10.2020, which was challenged by him in Writ
Petition (M/S) No. 1508 of 2021. The second prayer
made by the appellant was to direct Dental Council of
India to permit him to contest the election of Vice
President, after re-instating him as a member of Council
on the panel of State of Uttarakhand.
5. Having regard to the final relief claimed in the
Writ Petition, no direction could have been issued by the
Writ Court to Dental Council of India to permit the
appellant to contest the election, after re-instating him
as a member of the Council on the panel of State of
Uttarkhand, as such a relief would amount to final relief,
which could not be granted at the interim stage.
6. Even otherwise also, this Appeal is not
maintainable, in terms of the provisions contained in
Chapter VIII Rule 5 of the High Court Rules, which
provides that an appeal shall lie to a Court from a
judgment. The order impugned in this Appeal does not
amount to judgment, therefore, we refuse to entertain
this Appeal.
7. Accordingly, the Special Appeal is dismissed.
8. There will be no order as to costs.
(MANOJ KUMAR TIWARI, J.)
(ALOK KUMAR VERMA, J.)
Arpan
