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Himachal Pradesh High Court

Civil Writ Petition No. 4324/2019 vs State Of H.P on 27 August, 2021

Author: Sureshwar Thakur

Bench: Sureshwar Thakur

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                 ON THE 27th DAY OF AUGUST, 2021




                                                            .
                           BEFORE





            HON'BLE MR. JUSTICE SURESHWAR THAKUR

    CIVIL WRIT PETITION NO. 4324 OF 2019 ALONGWITH CIVIL WRIT





    PETITION NOS. 1186 of 2020, 1175 of 2020, 4754 of 2020, 1185 of
    2020, 1179 of 2020 and 1170 of 2020

    BETWEEN





    1. CIVIL WRIT PETITION NO. 4324/2019

    HITESHWAR DHEEMAN
    SON OF SH. HANS RAJ DHEEMAN,

    R/O MOHALLA UPPER JULAKARI, P.O
    HARDASPURA, IPH OFFICE, DISTRICT

    CHAMBA, H.P.

                                               ........ PETITIONER.


    (BY SH. S.D GILL ADVOCATE AND
    SH. VIVEK ATTRI, ADVOCATE)




    AND

    1. STATE OF H.P.





       THROUGH SECRETARY HEALTH
       GOVERNMENT OF H.P. SHIMLA-2





    2. PARA     MEDICAL     COUNCIL,
       THROUGH ITS REGISTRAR, INDIRA
       GANDHI    MEDICAL    COLLEGE
       LAKKAR BAZAR SHIMLA.H.P.

    3. VIVIDH EDUTECH AUTHORISED PTU
       LEARNING    CENTRE  LEARNING
       CENTRE CODE: 569 CIVIL LINES
       COLLEGE ROAD, DHARAMSHALA
       THROUGH ITS M.D.

    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX




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                                2



      NO. 01, JALLANDHAR-KAPURTHALA
      ROAD, KAPURTHALA (PB).




                                                     .
                                        .....RESPONDENTS





    (BY.   MR. AJAY    VAIDYA, SR.
    ADDITIONAL ADVOCATE GENERAL





    FOR RESPONDENT NO.1-STATE.

    BY. MR. DALIP K SHARMA, ADVOCATE
    FOR RESPONDENT NO.2





    BY. MR. ARUN KUMAR, ADVOCATE
    FOR RESPONDENT NO.3

    BY. MR. SURESH KUMAR MADHANIA,

    ADVOCATE FOR RESPONDENT NO.4)

    2. CWP NO. 1186 OF 2020

    VINOD KUMAR SON OF LATE SH. SUKH
    DEV, R/O VILLAGE AND P.O LAMBLOO,



    MAIN MARKET TEHSIL AND DISTRICT
    HAMIRPUR, H.P.




                                        ........ PETITIONER.





    (BY SH. S.D GILL ADVOCATE AND
    SH. VIVEK ATTRI, ADVOCATE)

    AND





    1. STATE OF H.P.
       THROUGH SECRETARY HEALTH
       GOVERNMENT OF H.P. SHIMLA-2

    2. PARA     MEDICAL     COUNCIL,
       THROUGH ITS REGISTRAR, INDIRA
       GANDHI    MEDICAL    COLLEGE
       LAKKAR BAZAR SHIMLA.H.P.

    3. VIVIDH EDUTECH AUTHORISED PTU
       LEARNING    CENTRE  LEARNING




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                                3



      CENTRE CODE: 569 CIVIL LINES
      COLLEGE ROAD, DHARAMSHALA




                                                      .
      THROUGH ITS M.D.





    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX





       NO. 01, JALLANDHAR-KAPURTHALA
       ROAD, KAPURTHALA (PB).
                                         .....RESPONDENTS

    (BY.   MR. AJAY    VAIDYA, SR.




    ADDITIONAL ADVOCATE GENERAL
    FOR RESPONDENT NO.1-STATE.

    BY. MR. DALIP K SHARMA, ADVOCATE

    FOR RESPONDENT NO.2

    BY. MR. ARUN KUMAR, ADVOCATE
    FOR RESPONDENT NO.3

    BY. MR. SURESH KUMAR MADHANIA,



    ADVOCATE FOR RESPONDENT NO.4)

    3. CWP NO. 1175 OF 2020




    VINOD KUMAR SON OF SH. JAGDISH





    RAM, R/O VILLAGE SAMMLETTA, P.O
    RISHIKESH,    TEHSIL    JHANDUTTA,
    DISTRICT BILASPUR, H.P.





                                         ........ PETITIONER.

    (BY SH. S.D GILL ADVOCATE AND
    SH. VIVEK ATTRI, ADVOCATE)

    AND

    1. STATE OF H.P.
       THROUGH SECRETARY HEALTH
       GOVERNMENT OF H.P. SHIMLA-2




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                                4



    2. PARA     MEDICAL     COUNCIL,
       THROUGH ITS REGISTRAR, INDIRA




                                                      .
       GANDHI    MEDICAL    COLLEGE





       LAKKAR BAZAR SHIMLA.H.P.

    3. VIVIDH EDUTECH AUTHORISED PTU





       LEARNING    CENTRE  LEARNING
       CENTRE CODE: 569 CIVIL LINES
       COLLEGE ROAD, DHARAMSHALA
       THROUGH ITS M.D.





    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX
       NO. 01, JALLANDHAR-KAPURTHALA
       ROAD, KAPURTHALA (PB).
                    r                    .....RESPONDENTS

    (BY.   MR. AJAY    VAIDYA, SR.
    ADDITIONAL ADVOCATE GENERAL
    FOR RESPONDENT NO.1-STATE.



    BY. MR. DALIP K SHARMA, ADVOCATE
    FOR RESPONDENT NO.2




    BY. MR. ARUN KUMAR, ADVOCATE
    FOR RESPONDENT NO.3





    BY. MR. SURESH KUMAR MADHANIA,
    ADVOCATE FOR RESPONDENT NO.4)





    4. CWP NO. 4754 OF 2020

    PUJA VERMA, D/O SH. JULFI RAM, R/O
    VILLAGE   DADOH,     P.O   GLORE,
    NADAUN, DISTRICT HAMIRPUR, H.P.

                                         ........ PETITIONER.

    (BY SH. S.D GILL ADVOCATE AND
    SH. VIVEK ATTRI, ADVOCATE)

    AND




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                                   5




    1. STATE OF H.P.




                                                       .
       THROUGH SECRETARY HEALTH





       GOVERNMENT OF H.P. SHIMLA-2

    2. PARA     MEDICAL     COUNCIL,





       THROUGH ITS REGISTRAR, INDIRA
       GANDHI    MEDICAL    COLLEGE
       LAKKAR BAZAR SHIMLA.H.P.

    3. VIVIDH EDUTECH, THROUGH ITS




       M.D, AUTHORISED PTU LEARNING
       CENTRE LEARNING CENTRE CODE:
       569 CIVIL LINES COLLEGE ROAD,
       DHARAMSHALA.


    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX
       NO. 01, JALLANDHAR-KAPURTHALA
       ROAD, KAPURTHALA (PB).
                                          .....RESPONDENTS



    (BY.   MR. AJAY    VAIDYA, SR.
    ADDITIONAL ADVOCATE GENERAL




    FOR RESPONDENT NO.1-STATE.





    BY. MR. DALIP K SHARMA, ADVOCATE
    FOR RESPONDENT NO.2

    BY. MR. ARUN KUMAR, ADVOCATE





    FOR RESPONDENT NO.3

    BY. MR. SURESH KUMAR MADHANIA,
    ADVOCATE FOR RESPONDENT NO.4)

    5.     CWP NO. 1185 OF 2020

    ARCHANA D/O SH. DEVI SINGH VERMA,
    R/O VILLAGE THARELA, P.O NAMHOLE,
    TEHSIL SADAR, DISTRICT BILASPUR,
    H.P.




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                                   6



                                          ........ PETITIONER.




                                                       .
    (BY SH. S.D GILL ADVOCATE AND





    SH. VIVEK ATTRI, ADVOCATE)

    AND





    1. STATE OF H.P.
       THROUGH SECRETARY HEALTH
       GOVERNMENT OF H.P. SHIMLA-2





    2. PARA     MEDICAL     COUNCIL,
       THROUGH ITS REGISTRAR, INDIRA
       GANDHI    MEDICAL    COLLEGE
       LAKKAR BAZAR SHIMLA.H.P.


    3. VIVIDH EDUTECH AUTHORISED PTU
       LEARNING    CENTRE  LEARNING
       CENTRE CODE: 569 CIVIL LINES
       COLLEGE ROAD, DHARAMSHALA
       THROUGH ITS M.D.



    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX




       NO. 01, JALLANDHAR-KAPURTHALA
       ROAD, KAPURTHALA (PB).





                                          .....RESPONDENTS

    (BY.   MR. AJAY    VAIDYA, SR.
    ADDITIONAL ADVOCATE GENERAL





    FOR RESPONDENT NO.1-STATE.

    BY. MR. DALIP K SHARMA, ADVOCATE
    FOR RESPONDENT NO.2

    BY. MR. ARUN KUMAR, ADVOCATE
    FOR RESPONDENT NO.3

    BY. MR. SURESH KUMAR MADHANIA,
    ADVOCATE FOR RESPONDENT NO.4)

    6.     CWP NO. 1179 OF 2020




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                                7




    POOJA RANI D/O SHRI TEJA SINGH,




                                                     .
    V.P.O KOTLAKALAN, TEHSIL AND





    DISTRICT UNA, H.P.

                                        ........ PETITIONER.





    (BY SH. S.D GILL ADVOCATE AND
    SH. VIVEK ATTRI, ADVOCATE)

    AND

    1. STATE OF H.P.


       THROUGH SECRETARY HEALTH
       GOVERNMENT OF H.P. SHIMLA-2


    2. PARA     MEDICAL     COUNCIL,
       THROUGH ITS REGISTRAR, INDIRA
       GANDHI    MEDICAL    COLLEGE
       LAKKAR BAZAR SHIMLA.H.P.



    3. VIVIDH EDUTECH AUTHORISED PTU
       LEARNING    CENTRE  LEARNING
       CENTRE CODE: 569 CIVIL LINES




       COLLEGE ROAD, DHARAMSHALA
       THROUGH ITS M.D.





    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX
       NO. 01, JALLANDHAR-KAPURTHALA





       ROAD, KAPURTHALA (PB).
                                        .....RESPONDENTS

    (BY.   MR. AJAY    VAIDYA, SR.
    ADDITIONAL ADVOCATE GENERAL
    FOR RESPONDENT NO.1-STATE.

    BY. MR. DALIP K SHARMA, ADVOCATE
    FOR RESPONDENT NO.2

    BY. MR. ARUN KUMAR, ADVOCATE
    FOR RESPONDENT NO.3




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                                8




    BY. MR. SURESH KUMAR MADHANIA,




                                                     .
    ADVOCATE FOR RESPONDENT NO.4)





    7. CWP NO. 1170 OF 2020





    PREM LATA D/O SH. JAGDISH CHAND,
    VILLAGE SAMELA, P.O TALYANA,
    TEHSIL    GHUMARWIN,     DISTRICT
    BILASPUR, H.P.





                                        ........ PETITIONER.

    (BY SH. S.D GILL ADVOCATE AND
    SH. VIVEK ATTRI, ADVOCATE)


    AND

    1. STATE OF H.P.
       THROUGH SECRETARY HEALTH
       GOVERNMENT OF H.P. SHIMLA-2



    2. PARA     MEDICAL     COUNCIL,
       THROUGH ITS REGISTRAR, INDIRA




       GANDHI    MEDICAL    COLLEGE
       LAKKAR BAZAR SHIMLA.H.P.





    3. VIVIDH EDUTECH AUTHORISED PTU
       LEARNING    CENTRE  LEARNING
       CENTRE CODE: 569 CIVIL LINES





       COLLEGE ROAD, DHARAMSHALA
       THROUGH ITS M.D.

    4. PUNJAB TECHNICAL UNIVERSITY
       THROUGH ITS REGISTRAR P.O BOX
       NO. 01, JALLANDHAR-KAPURTHALA
       ROAD, KAPURTHALA (PB).
                                        .....RESPONDENTS

    (BY.   MR. AJAY    VAIDYA, SR.
    ADDITIONAL ADVOCATE GENERAL
    FOR RESPONDENT NO.1-STATE.




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                                             9




    BY. MR. DALIP K SHARMA, ADVOCATE




                                                                      .
    FOR RESPONDENT NO.2





    BY. MR. ARUN KUMAR, ADVOCATE
    FOR RESPONDENT NO.3





    BY. MR. SURESH KUMAR MADHANIA,
    ADVOCATE FOR RESPONDENT NO.4)





    RESERVED ON :           17.8.2021
    DECIDED ON :            27.8.2021

    These petitions coming on for admission this day, the Court passed the following:-


                                   ORDER

Since in all these petitions, the relief claimed is similar to the one as claimed in writ petition No. 1950 of 2018, and, also when in petition afore, this Court has made a mandamus upon the respondent concerned, to, within four weeks hereafter, cause enlistment of the writ petitioner in the relevant register. Further when, in concurrence therewith, the writ petitioners in these writ petitions hold a "recognized qualification" from Punjab Technical University, in respect whereof this Court in writ petition (supra), has pronounced, that it is a "recognized qualification", for the relevant purpose. Therefore, this Court is constrained to make a mandamus upon the respondent concerned to within four weeks ::: Downloaded on - 31/01/2022 22:58:28 :::CIS 10 hereafter cause enlistment of the petitioners in the relevant .

register.

In view of the above, the present petitions stand disposed of along with all pending applications.

    27th August, 2021                         (Sureshwar Thakur),
       (priti)                                     Judge.










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