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2013 DIGILAW 13 (JK)

Aakash Institute of Para Medical Sciences Garhi Udhampur v. State of J&K & Ors.

2013-01-02

J.P.SINGH

body2013
1. The petitioner-Institute seeks quashing of Government Order No. 245-HME of 2012 dated 22.03.2012 whereby its request for extension of No Objection Certificate to permit it to impart instructions in additional course of Male Multipurpose Health Worker with intake capacity of 60 seats and to increase the intake capacity of already permitted courses of Female Multipurpose Health Worker and Medical Assistant/Pharmacist, to 60 each, was declined extending No Objection Certificate only for running already permitted Courses. 2. The short grievance projected by the petitioner is that its proposal was rejected arbitrarily by the State Government and that too without considering the recommendations made in its favour by the Jammu and Kashmir State Medical Faculty, Jammu, which after inspection of its premises and infrastructure had found its case fit for allowing it to run Para Medical Course of Male Multipurpose Health Worker and for increase of its intake capacity of already permitted Courses. 3. Learned State counsel, who was directed to produce records to indicate a1 to how the State Government had dealt with petitioner's request and as to whether or not the recommendations made by the State Medical Faculty were considered by the Government before declining permission to the petitioner, informed, on instructions, that the petitioner's case was rejected without taking into consideration the recommendations of the State Medical Faculty because of the policy decision of the State Government not to enhance existing capacity of Para Medical Courses and/or permit running of additional courses. When asked to spell out the policy decision of the State Government, the learned State counsel would submit that there was no written policy of the State Government as such and the petitioner's case had been rejected taking the view that no further extension in Para Medical Courses had to be allowed. 4. Reiterating his submissions, the petitioner's learned counsel referred to extensions allowed by the State Government in recent past urging that the petitioner's case had been rejected arbitrarily and without any reason of any type whatsoever justifying its decision. 5. Considered the submissions of learned counsel for the parties. 6. It was not disputed at the time of consideration of the Petition that the Jammu and Kashmir State Medical Faculty was created by the State Government to monitor the affairs of Institutions imparting instructions in Para Medical Courses such as Female Multipurpose Health Worker, Male Multipurpose Health Worker, Lab. 5. Considered the submissions of learned counsel for the parties. 6. It was not disputed at the time of consideration of the Petition that the Jammu and Kashmir State Medical Faculty was created by the State Government to monitor the affairs of Institutions imparting instructions in Para Medical Courses such as Female Multipurpose Health Worker, Male Multipurpose Health Worker, Lab. Assistant, Dental Assistant, Medical Assistant/Pharmacist etc. It was also not disputed that all admissions to the Courses run by Institutions had to be approved by the State Medical Faculty. The State Medical Faculty is authorized by the Government to conduct inspections for forming opinion as to whether the Institution was equipped with requisite infrastructure to run Para Medical Courses on the basis whereof Government considers issuance or otherwise of No Objection Certificate for running Para Medical Courses. 7. It, therefore, becomes manifest that the State Medical Faculty was created by the State Government to monitor and control the affairs of Para Medical Courses in the State and its opinion, therefore, would carry weight with the Government in taking appropriate decision on running of Para Medical Courses and/or in allowing modification/addition of already issued No Objection Certificate(s). 8. Views of an Expert Body, like the one created by the Government, to oversee the affairs of Para Medical Courses in the State, cannot be avoided consideration by the State Government, in that, such a course was likely to lead to arbitrary decisions. This is additionally so because the State Government would be deprived of the benefit of the views of an Expert Body in the field, which it had constituted for laudable purpose. Therefore, unless the State Government, as a matter of policy, prescribes any other mode to consider requests for issuance of No Objection Certificates for operating new disciplines or increase or decrease in intake capacity of Institutions imparting instructions in Para Medical Courses, the views and opinion of the State Medical Faculty, cannot be avoided. 9. Rejection of petitioner's request without considering the recommendations made by the State Medical Faculty, particularly when the State Government had not, as a matter of any laid down policy, prescribed any other mode or procedure for considering such type of requests as was made by the petitioner, may not be conducive for rational decisions in the matter by the State Government. The decision taken by the Government without considering the recommendations of the State Medical Faculty and that too without spelling out any reasons for rejection of petitioner's request, cannot, therefore, be viewed but arbitrary and unwarranted. 10. The Government Order passed on the petitioner's request for issuance of No Objection Certificate to run additional Course and to increase its intake capacity does not indicate it to have been passed on the basis of any laid down policy. The decision of the Government cannot, therefore, be sustained because the petitioner's request has been rejected for absolutely no reasons much less sound and rational. 11. This Writ Petition, accordingly, succeeds and is, therefore, allowed issuing directions to the State Government in the Health and Medical Education Department to consider the petitioner's request afresh in the light of the recommendations made by the Jammu and Kashmir State Medical Faculty, Jammu for its appropriate reasoned decision thereon, as warranted under rules, within six weeks.