P S RAWAT Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THE petitioner by way of this petition has challenged the appointment of respondent No. 3 Dr. Rajeshwar Singh as Registrar of the Council of Homoeopathic System of Medicine, Union Territory, Chandigarh, primarily on the ground that the Chandigarh Administration could not appoint respondent No. 3 as the Registrar of the Council of Homoeopathic System of Medicine. With reference to Section 14 of the Punjab Homoeopathic Practitioners Act, 1965 (hereinafter to be referred to as the 'act') it has been vehemently argued that only Council with the previous approval of the State Government can appoint the Registrar and that such a power to appoint the Registrar does not vest with the Administrator of the Union Territory, Chandigarh.

(2.) BEFORE examining the argument in depth, it is necessary to have a look at the Scheme of the Act and Section 14 of the Act. Under the Act, the State Government has been empowered to established o by notification the Council of Homoeopathic System of Medicines for the purpose of carrying out the provisions of the Act. The Registrar is to be appointed Under Section 14 of the Act who has been defined in Section 2 (11) of the Act. The Registrar in the afore-mentioned provision means the Registrar appointed Under Section 14 of the Act. Section 14 of the Act reads as under:

(3.) FOR the reasons recorded above, the order of the appointment of respondent No. 3 as Registrar vide Annexure P/l is hereby quashed. Consequently, the writ petition is allowed with no order as to costs.