Delhi Pradesh Regd.Med.Prt.Assn vs Union Of India & Ors

Delhi Pradesh Regd. Med. Prt. Assn. .... Petitioner

Versus

Union of India & Ors. .... Respondents

O R D E R

This Review Petition has been preferred by the applicant on the

1.

ground that when the matter was heard, its counsel was not present

and therefore, the judgment has been rendered against the applicant in

flagrant violation of the principles of natural justice and this Court

must entertain the Review Petition recalling its judgment and order

impugned herein and decide the matter afresh after giving an

opportunity of hearing to the applicant.

2. In fact, this case has arisen out of the judgment and order dated

19.11.2008 passed by Delhi High Court dismissing the Writ Petition

No.1999 of 1998 rejecting the claim of the applicant and its members

that they are entitled to practice in the field of Medical Sciences on

the basis of the qualification of Ayurveda Rattan & Vaid Visharad

awarded by the Hindi Sahitya Sammellan, Allahabad.

3. The appeal of the applicant came for hearing alongwith a bunch

of matters, i.e., Civil Appeal Nos.5324 of 2007; 5325 of 2007; 4758

of 2010; and 4759 of 2010, wherein the similar issues were involved.

The matter had been argued at length by a large number of advocates

in the other appeals and all the appeals were dismissed by an elaborate

impugned judgment and order dated 1.6.2010, i.e. Rajasthan

Pradesh V.S. Sardarshahar & Anr. v. Union of India & Ors., AIR

2010 SC 2221, wherein this Court reached the following conclusions:-

(i) Hindi Sahitya Sammelan is neither a University/Deemed

University nor an Educational Board.

(ii) It is a Society registered under the Societies Registration Act.

(iii) It is not an educational institution imparting education in any

subject inasmuch as the Ayurveda or any other branch of

medical science.

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(iv) No school/college imparting education in any subject is

affiliated to it. Nor is the Hindi Sahitya Sammelan affiliated to

any University/Board.

(v) Hindi Sahitya Sammelan has got no recognition from the

Statutory Authority after 1967. No attempt has ever been made

by the Society to get recognition as required under Section 14

of the Act, 1970, and further did not seek modification of entry

No.105 in II Schedule to the Act, 1970.

(vi) Hindi Sahitya Sammelan only conducts examinations without

verifying as to whether the candidate has some

elementary/basic education or has attended classes in Ayurveda

in any recognized college.

(vii) After commencement of Act, 1970, a person not possessing the

qualification prescribed in Schedule II, III & IV to the Act,

1970 is not entitled to practice.

(viii) Mere inclusion of name of a person in the State Register

maintained under the State Act is not enough to make him

eligible to practice.

(ix) The right to practice under Article 19(1)(g) of the Constitution

is not absolute, and thus, is subject to reasonable restrictions as

provided under Article 19(6) of the Constitution.

(x) Restriction on the right to practice without possessing the

requisite qualification prescribed in Schedule II, III & IV to the

Act, 1970 is not violative of Article 14 or ultra vires to any of

the provisions of the State Act.

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4. When the Review Petition of the applicant came before the

Court by circulation on 27.1.2011, the Court passed the following

order:-

"It may be desirable that before we entertain/

consider the review petition, the learned counsel

for the applicant may explain as to whether the

advocate, other than the Advocate-on-Record at

the time of the disposal of the case, can file a

review petition in the light of the judgment

reported in Tamil Nadu Electricity Board & Anr.

vs. N. Raju Reddiar & Anr., AIR 1997 SC 1005;

and further when the Court has heard a bunch of

petitions, and disposed them all by a common

judgment, whether review by the parties in one of

the case can be filed on the ground that its lawyer

could not make submissions.

List after two weeks."

5. The applicant filed a reply to the same contending that the

aforesaid judgment referred to by this Court in Tamil Nadu

Electricity Board & Anr. (supra) has no application in this case for

the reason that litigant is free to change his advocate when he feels

that the advocate retained cannot espouse his cause efficiently or for

any other reason and to substantiate its case, the applicant relied upon

the judgments of this Court in R.D. Saxena v. Balram Prasad

Sharma, (2000) 7 SCC 264; and C.S. Venkatasubramanian v. State

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Bank of India, (1997) 1 SCC 254. It has further been submitted that

a party is free to retain any advocate if it feels that its erstwhile

advocate has not contested the case efficiently and effectively, and it

was wrong to dismiss the petition in absence of its counsel. It has

further been submitted in response to our earlier order as under:-

"That it is respectfully submitted that the review

petitions were filed in all the appeals which were

disposed of on 21.10.2010 by this Hon'ble Court

passed in Review Petition (C) No.1741/2010,

Review Petition (C) No.1742/2010, Review

Petition (C) No.1743/2010 & Review Petition (C)

No.1744/2010"

6. In view of the submissions made herein we thought it proper to

hear the learned counsel of the applicant in open Court and thus, the

matter came today for hearing.

7. Shri Fakhruddin, learned Senior Advocate appearing for the

applicant was explained that though the counsel for the applicant was

not present when other connected appeals were heard and decided, he

may point out as what is the material in his possession to show that

any of the findings recorded by us and quoted hereinabove is

factually incorrect. Shri Fakhruddin could not point out any material

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on the basis of which any of the findings so recorded can be held to be

worth reconsideration. Not a single member of the applicant's

Association has filed any document to show as what was the

minimum qualification to join the course; what was its duration;

where such members have completed their course and training; and

when they passed the examination and what were the marks secured

by them.

8. In fact, as nothing has been argued before us today in support of

the review petition and it has been submitted by Shri Fakhruddin,

learned senior counsel appearing for the applicant that as the matter

stands squarely covered by the judgment of this Court in Rajasthan

Pradesh V.S. Sardarshahar (supra), he has nothing to add. The

review petition cannot be argued merely on technicalities that

applicant's counsel remained absent on the day the connected matters

involving same questions of fact and law had been argued and

decided. Thus, Shri Fakhruddin has fairly conceded that the review

petition is nothing, but purely an academic exercise as nothing can be

argued against the impugned judgment dated 1.6.2010.

6 9. As is evident from the above that entertaining the review

petition is proved not only a futile exercise but sheer wastage of

judicial time. Applicant has not disclosed anywhere as to whether any

grievance has ever been raised by it against the counsel who remained

negligent and did not render any service to it. Reply to our first order

dated 27.1.2011 has been filed urging that Court is bound to give way

to the entitlements of litigants. We are of the considered opinion that

such conduct of the litigant has not only been reprehensible but is

tantamount to abuse of the process of the court. We are not able to

appreciate as to whether the petition was filed to satisfy the ego of the

litigant or the litigant was ill-advised by the members of the Bar just

for petty pecuniary gain. The petition has been filed without realizing

that the courts are over burdened and no litigant should mis-use the

forum of the court merely because litigation is a luxury for him. The

review application has been filed on frivolous grounds as neither in

the petition, nor during the course of hearing could the error/mistake

in the judgment either on law or on facts be pointed out.

10. In Dr. Buddhi Kota Subbarao v. K. Parasaran & Ors., AIR

1996 SC 2687, this Court has observed as under:

7 "No litigant has a right to unlimited drought on

the Court time and public money in order to get

his affairs settled in the manner he wishes.

However, access to justice should not be misused

as a license to file misconceived and frivolous

petitions."

11. In view of the above, we are of the view that the review

application has been filed without any sense of responsibility. We do

not find appropriate words to deprecate such a practice adopted by the

litigants and the members of the Bar. Grounds taken in the application

are preposterous. The review petition hopelessly lacks merit and is

accordingly dismissed.

....................................J.

(Dr. B.S. CHAUHAN)

...............

...................J.

(SWATANTER KUMAR)

New Delhi,

March 11, 2011.

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