Rajasthan High Court - Jodhpur
Hitesh Kumar Sharma & Ors vs State Of Raj. & Ors on 7 February, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13990 / 2016
1. Hitesh Kumar Sharma S/o Shri Pradhumn Kumar Sharma, Aged
About 29 Years, R/o LB-1 34 Chitrkoot Nagar, Bhuwana, Udaipur
2. Deepak Prajapat S/o Late Shri Ramchandra Prajapat, Aged
About 20 Years, R/o Satyanarayan Temple, Teliwada Choraha,
Bedla, District-udaipur
3. Vinod Kumar S/o Shri Jagdish, Aged About 23 Years, R/o
Village-jhanduwala Sotar, Tehsil-ratia, District-fatehabad, Haryana
4. Mukesh Chandra Sen S/o Shri Lal Chand Sen, Aged About 35
Years, R/o Adarsh Colony, Station Road, Vallabhnagar, Tehsil-
vallabhnagar, District-udaipur
5. Hema Rao S/o Shri Amar Singh Rao, Aged About 20 Years, R/o
E-72, Chitrakoot Nagar, Bhuwana, Udaipur
6. Kiran Prajapat S/o Tulsi Ram Ji Prajapat, Aged About 21 Years,
R/o Kumharo Ka Mohalla, Bhuwana, Udaipur
7. Yogini Patidar, S/o Devi Lal Ji Patidar, Aged About 18 Years, R/o
229-J Bloc, Sector-14
8. Suresh Suthar S/o Prakash Ji Suthar, Aged About 20 Years, R/o
Near Hanuman Prasad, P Khera, Aaspur, District-doongarpur
9. Rounak Chandawat S/o Shri Shantilal Ji Chandawat, Aged About
18 Years, R/o Naagda Basti, Aaspur, District-doongarpur
10. Chhatrpal Singh S/o Shri Dilip Singh Sisodia, Aged About 25
Years, R/o Badi Saakhthali, Tehsil-aasod, District-pratapgarh
11. Mahesh Merawat, S/o Shri Ishwarlal Merawat, Aged About 22
Years, R/o Sajjangarh, Banswara
12. Ashish Dotla, S/o Ishwarlal Dotla, Aged About 18 Years, R/o
Dungra Bada Tehsil, Sajjangarh, District-banswara
13. Durgesh S/o Gyanaram, caste Choudhary, Aged About 18
Years, R/o Village-ketalia, Tehsil-marwar Junction, District-pali
14. Upendra Pratap Singh S/o Sampat Singh, Aged About 22
Years, New Colony Jodhpur Road, Nimaz-306303(Pali)
----Petitioners
Versus
1. State of Rajasthan Through Its Secretary, Department of
Medical, Health & Family, Secretariat, Jaipur
(2 of 8)
[CW-13990/2016]
2. Secretary, Rajasthan Subordinate Ministerial Services Selection
Board, Jaipur
3. Rajasthan Para Medical Council, Jaipur
4. Registrar, Pacific Medical University, Udaipur
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Vikas Balia
For Respondent(s) : Mr. Parvej for Mr. Rajesh Panwar, AAG
Mr. Manoj Bhandari
Mr. Yashpal Khileree for respondent No.3
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Order 07/02/2018 The matter comes up on second stay application, however, learned counsel for the parties agree that the matter can be disposed off finally.
The petitioners through the present writ petition are challenging the action of the respondent authorities in not considering their candidature for appointment on the post of Assistant Radiographer, Lab Technician, Dental Technician (hereinafter referred to as "advertised post") in pursuance to the advertisement vide Notification dated 10.10.2016 as also the act of the Rajasthan Para Medical Council in not registering them as Para Medical Professionals.
For the purpose of recognition of institute imparting education for training for the Para Medical subjects in the State, the State Government enacted an Act called as Rajasthan Para Medical Council Act, 2008. In the schedule enacted with the said (3 of 8) [CW-13990/2016] Act, the subjects were specified and the same were referred to as the Para Medical Subjects.
The relevant provisions of Rajasthan Para Medical Council Act, 2008 and Regulations of 2014 for registration of Para Medical Professionals are quoted as under:
Section 17. Persons entitled to be registered - A person having recognized Para-medical qualification shall be entitled to be registered as Para-medical professional.
Regulation 42. Eligibility for registration:-
The following persons be eligible for registration-
(i) Who has obtained certificate of a Para-medical course from any Government body or private body permitted by the Government for the purpose who has run the course and awarded certificate before the commencement of these regulations.
(ii) Who has passed the Para-medical course from any institution recognized by the Rajasthan Para-medical Council.
(iii) who has passed the Para-medical course from any institution /Government body, outside the territories of Rajasthan, recognized for the purpose by the concerned State Government or Central Government.
(iv) Who has passed the Para-medical course from any institution outside the territories of India, recognized for the purpose by the Government of the country concerned and verified by the Government of India.
The petitioners being eligible to take admission in Para Medical courses, applied with the respondent - Pacific Medical University, Udaipur in the month of January, 2014. After following the due process, the petitioners got the admission in the Para Medical courses. The said course was of two years Degree Course which was completed by the petitioners in the month of January, (4 of 8) [CW-13990/2016] 2016 and the results were declared on 17.03.2016. In the meanwhile, on 08.12.2014, the respondent State Government in exercise of its power conferred in the Act of 2008 framed Rules as above namely Rajasthan Para Medical Council Rules, 2008 as well as framed the Regulations namely Rajasthan Para Medical Council Regulations. Vide Advertisement dated 10.10.2016, the respondent No.3 invited applications for appointment on the advertised posts of Assistant Radiographer, Lab Technician and Dental Technician. As per the said advertisement, the requisite qualifications were prescribed and the students were required to get themselves registered under the Rajasthan Para Medical Council. However, only those students who have completed their course from a recognized university / institute under the Para Medical Council were eligible to apply for the advertised post. Since the procedure of recognition was introduced vide the regulation of December, 2014 and the admissions of the petitioners in the respondent University was prior in time i.e. December, 2013, therefore, the petitioners could not get themselves registered with the respondent Council. At the same time, an effort made by the respondent - University to apply for recognition of Para Medical Courses was also rejected. As a result, the forms of the petitioners too were not accepted forcing the petitioners to approach this Court by way of filing the present petition.
Thus, the petitioners are aggrieved as they are considered ineligible for appointment on the said posts on the ground that they do not have the qualification of Diploma in Medical Lab (5 of 8) [CW-13990/2016] Technology (MLT) recognized by the State Government / Central Government / Rajathan Para Medical Council as is required for the post in question as per the provisions of the Rajasthan Medical & Health Subordinate Service Rules, 1965 and secondly, the petitioners are not entitled to be registered and nor are registered as Para Medical Professionals.
Reply has been filed. As per the reply and as vehemently opposed by Mr. Yashpal Khileree, learned counsel for the respondent No.3, the Diploma in Medical Lab Technology obtained by the petitioners from Pacific Medical University, Udaipur is not recognized by the State Government of Rajasthan or Rajasthan Para Medical Council as prescribed under the Rules of 1965. Reliance was placed on the judgment rendered by the Jaipur Bench of this Court in the case of Lohade Ram Meena & 30 Ors. Vs. State of Rajasthan & Ors. reported in 2012(3) WLC (Raj.) 214 to contend that a petition preferred by similarly situated candidates who obtained Diploma or Certificate Course of Medical Laboratory Technology from various institutes/Universities like NIMS University, Janardhan Rai Nagar Rajasthan Vidhyapeeth, Udaipur; Manav Bharti University; Technical University, Punjab and Jiwaji University which are not recognized by the State Government of Rajasthan too has been dismissed and since the petitioners have obtained their Diploma in Medical Lab Technology from Pacific Medical University, Udaipur which is not recognized by the State Government of Rajasthan or Rajasthan Para Medical Council, they too are not eligible to apply for the registration or to be considered in terms of the advertisement.
(6 of 8) [CW-13990/2016] At the outset, learned counsel for the petitioners restricts the present petition to the alternative prayer made by him seeking direction to register the petitioners under the Rajasthan Para Medical Council published in the Gazette Notification dated 05 th December, 2014. As observed above, one of the eligibility criteria for registration prescribed under Regulation 42(iii) is as under :
42. Eligibility for registration:- The following persons shall be eligible for registration -
(iii) who has passed the Para-medical course from any institution/Government body, outside the territories of Rajasthan, recognized for the purpose by the concerned State Government or Central Government.
The respondent Pacific Medical University, Udaipur was constituted vide Notification published in Rajasthan Gazette on 25.09.2013 under a statute . Thus, the only issue is whether the University established under a Statute need to further get registration for the courses, Diploma imparted by it or not.
The issue as to whether the courses offered by a University created by law or under the law requires to be further recognized by any other authority or not is no more res integra in view of the judgment rendered by the learned Single Bench of this Court in the case of Sunil Bishnoi & Ors. Vs. State of Rajasthan & ors. (SB Civil Writ Petition No.8149/2015) decided on 01.02.2018, wherein the courses offered by Singhania University, Pacheri Bari, Jhunjhunu were held to be automatically recognized as the said University was established under the Statute relying on the judgment rendered by the Apex Court in the case of Dr. B.L. (7 of 8) [CW-13990/2016] Asawa Vs. State of Rajasthan & Ors. reported in AIR 1982 SC 933 as well as the judgment rendered by this Court in the case of Mrs. Madhu Santosh Vs. State of Rajasthan (S.B. Civil Writ Petition No. 2502/1989) and the decision of Punjab & Haryana High Court rendered in the case of Ms. Neelam Devi & Anr. Vs. Haryana Nurses Registration Council & Ors. reported in 2010 158 PLR 323. While allowing the writ petition, the learned Single Bench observed as under :
"As stated earlier, it is not in dispute that the respondent No.3-University is a University established under the statute and, therefore, in view of the law laid down in the above referred cases that a degree, diploma or any qualification awarded by any University, established under the statute, is automatically recognized and needs no recognition by any other authority, there is no hesitation in holding that the respondent No.2-RNC cannot refuse to register the petitioners under the provision of Act of 1964 on the ground that the respondent No.3- University, from which the petitioners have completed GNM and ANM courses, is not recognized by the INC."
The judgment relied on by learned counsel for the respondent No.3 in the case of Lohade Ram Meena's case (supra) relates to a deemed University and cannot be equated with the University established under a Statute.
The respondent - Pacific Medical University was constituted vide Gazette notification published in Rajasthan Gazette on 25.09.2013, wherein the schedule annexed with the notification entitles the University to conduct various specified courses. In the schedule, the University was authorised to conduct courses of the Para Medical Subjects. It is not disputed that the respondent (8 of 8) [CW-13990/2016] University is established under a statute. Hence, while deciding the writ petition being covered by the judgment rendered by this Court in the case of Sunil Bishnoi (supra), the present writ petition is allowed only to the extent that the respondent No.3 shall register the petitioners, in case they are otherwise found eligible. Needful be done within one month of the receipt of this order.
Second stay petition too stands disposed of accordingly.
(NIRMALJIT KAUR),J.
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