Vivekanad B Jadhav v. Ministry Of Health & Family Welfare & ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 525/2018 & CM Nos.36896-97/2018 (filing of documents), 36898/2018 (delay) VIVEKANAD B JADHAV ..... Appellant Through:

Mr.Pulkit Prakash and Mr.Ravikant Pal, Advs.

versus MINISTRY OF HEALTH & FAMILY WELFARE & ANR ..... Respondents Through:

Mr.Jaswinder Singh, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 11.09.2018 CM No.36898/2018 (delay) This is an application filed by the appellant seeking condonation of delay in filing the appeal.

Notice. Counsel for the respondent No.1 accepts notice. The prayer made in this application is not opposed. Accordingly, the delay of two days in filing the appeal is condoned.

The application stands disposed of.

LPA 525/2018 & CM Nos.36896-97/2018 (filing of documents) The present appeal is directed against the order dated 23.07.2018 passed by the learned Single Judge by which an interim relief prayed for has been rejected. It may be noticed that the appellant herein had sought an interim order for setting aside the approval granted by an ACC for the proposal of Dr. S. Siva Kumar for the post of Pasteur Institute of India, Coonoor, Tamil Nadu. Learned Single Judge has noted that the Dr. S. Siva Kumar is not a party and thus, the interim order was declined.

Counsel for the appellant submits that he would file an application

seeking leave to implead Dr. S. Siva Kumar as a party to the pending writ petition and thereafter file a fresh application for interim relief. The present appeal as prayed is disposed of. Liberty as prayed is granted. In case an application is filed, the learned Single Judge would consider the same on merits and pass an order unaffected by any observations made by the Court today while disposing the appeal.

CM Nos.36896/2018 and 36897/2018 In view of the order passed in the appeal, the applications stand disposed of.

G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J SEPTEMBER 11, 2018 afa LPA 525/2018 2/2