Mohinder Pal, S/o. Late Sh. Kuldeep Singh v. State of Himachal Pradesh, Through its Secretary Health Government of H. P.
2021-08-27
SURESHWAR THAKUR
body2021
DigiLaw.ai
ORDER : The writ petitioners had earlier approached this Court through theirs instituting CWP No. 968/2020. This Court, on 3.3.2020, had disposed of the afore writ petition, through its making the hereinafter extracted order:- “CMP No.2674 of 2020: Allowed and disposed of. CWP No.968 of 2020: 2. Notice only confined to respondents No.1, 2 & 4. Mr. Ajay Vaidya, Sr. Additional Advocate General, appears and waives service of notice on behalf of respondents No.1, 2 & 4. 3. Heard. 4. The grievance of the petitioners is that their names have not been registered by respondent No.4, i.e. Registrar, Para Medical Council of Himachal Pradesh as Multi Purpose Health Workers. However, the present writ petition is not supported by any documents/representation(s) in this regard having been made by the petitioners to respondent No.4 for their registration as such and rejection of such prayer by the respondents. Therefore, we deem it proper to dispose of the present writ petition being premature, reserving liberty to the petitioners to approach respondent No.4 by submitting their representation(s) for their registration as Multi Purpose Health Workers, within a period of two weeks from today. In case such representation is made by them, the Competent Authority/ respondent No.4, i.e. Registrar, Para Medical Council of Himachal Pradesh, shall consider and take a conscious decision in the matter, in accordance with the law, within a period of two weeks thereafter. Liberty is also reserved to the petitioners to seek appropriate remedy in accordance with law, in case they feel aggrieved against the decision. Pending miscellaneous application(s), if any, shall also disposed of.” 2. Since, the order extracted (supra) resulted in the respondent concerned declining to register the name(s) of the petitioners, as, Multi Purpose Health Workers (Male), consequently, the writ petitioners are constrained, to, cast a challenge, upon, Annexure P-3. 3. The petitioners, had successfully completed the MPHW course, as became conducted by Rajasthan Vidyapeeth University Udaipur (Rajasthan). However, they were enrolled as students in the afore university w.e.f. 2002-2003. Further more, as disclosed in the writ petition, the petitioners undertook the afore course from the University (Supra) from August 2002 to December, 2003. 4. The State of Himachal Pradesh, has enacted Himachal Pradesh Paramedical Council Act, 2003 (for short “Act”).
However, they were enrolled as students in the afore university w.e.f. 2002-2003. Further more, as disclosed in the writ petition, the petitioners undertook the afore course from the University (Supra) from August 2002 to December, 2003. 4. The State of Himachal Pradesh, has enacted Himachal Pradesh Paramedical Council Act, 2003 (for short “Act”). The afore legislative enactment, carries in Section 38 thereof, provisions whereof become extracted hereinafter, a statutory privilege, vis-à-vis, any aspirant concerned, to seek valid enlistment as a paramedical practitioner in the relevant register, only upon, the most important word, as, occurs therein unless he possesses a “recognized qualification” hence becoming satiated by the aspirant concerned. Thereupon, the afore statutory coinage, as, becomes carried therein, does mandatorily entail, upon the aspirant concerned, to, possess hence a “recognized qualification”. 38. Registration renewal and State Register- (1) No person shall be registered on the State Register as paramedical practitioner unless he possesses a recognized qualification and has not paid such fee, as may be prescribed and different fee may be prescribed for different qualification but it shall not exceed one thousand rupees and the registration shall be valid for a period of three years. (2) The Council shall cause to be maintained a State Register of Paramedical practitioners in such form, as may be prescribed, by regulations. (3) The Register shall be deemed to be public document within the meaning of Indian Evidence Act, 1872 (1 of 1872). (4) Every registered paramedical practitioner registered under sub-section (1) shall renew his registration after every three years on payment of such fee as may be prescribed.” 5. The meaning to be ascribed to the statutory coinage “recognized qualification”, is but naturally one of the university or institution wherefrom the aspirant concerned obtains the apposite qualification, hence being a recognized institution by the regulatory authority concerned or it holding a valid affiliation from the premier regulatory mechanism concerned, or, its holding a certificate qua it being an authorized educational agency concerned.
Necessarily, in the wake of the apposite “qualification”, emanating rather from a university not holding any apposite order of affiliation, from the educational regulatory authority concerned, and, also upon it not being a recognized institution, hence by the validly constituted regulatory mechanism concerned, thereupon the qualification, as, becomes acquired by the aspirant concerned, from the institution(s) concerned, would not facilitate the aspirant concerned, to, obtain the aspired registration within the mandate of Section 38 of the Act. 6. In testing whether the aspirants concerned, had validly obtained, the desired qualification, from Lord Mahavira Paramedical Institute, through an examination as become conducted by Rajasthan Vidyapeeth University, Udaipur (Rajasthan), it has to be discerned from the relevant records, whether the afore deemed University, did hold, the valid authorization, from the validly constituted regulatory mechanism, hence to conduct examination(s), and/or whether it, had been constituted as an educational authority/body rather through a valid order as made by the apex validly constituted regulatory authority. However a perusal of the record of the case, does not disclose, that the institution concerned, in as much, as, Lord Mahavira Paramedical Institute, in its hence conducting the relevant examination, through, the aegis of Rajasthan Vidyapeeth University (supra), Udaipur (supra), either held any valid affiliation from the University (supra), nor any evidence exists on record hence suggestive that, even the afore deemed university also holding any valid affiliation to the apex regulatory mechanism concerned. In absence of the afore material, existing on record, this Court concludes, that the declining to the writ petitioners by Annexure P-3 of their enlistment in the relevant register, as, maintained for the relevant purpose, is both valid and merit worthy. 7. However, the defects, if any, of the afore made conclusion, are though strived to be undone, by the learned counsel for the petitioners, through his making reliance(s) upon Annexure R-3/1, Annexure whereof encloses the minutes of the meeting of the executive committee concerned, as became convened on 12.7.2018. Moreover, in the afore drawn minutes, only recital occur, vis-à-vis, the apposite qualifications hence obtained from the Punjab State Board of Technical Education and Industrial Training, rather enabling the aspirant concerned to seek registration.
Moreover, in the afore drawn minutes, only recital occur, vis-à-vis, the apposite qualifications hence obtained from the Punjab State Board of Technical Education and Industrial Training, rather enabling the aspirant concerned to seek registration. Consequently, the afore factum cannot be depended upon, by, the writ petitioners herein, as, the afore institution, evidently is not the one wherefrom the petitioners obtained, the apposite qualification rather the institution wherefrom they obtained the apposite qualification is Lord Mahavir Paramedical Institute. 8. Be that as it may, the minutes carried in Annexure R-3/1, are, to be in tandem and in harmony, with Section 38 (supra) of the Act, and, in case there is any apparent inter-se dis-concurrence inter-se mandate (supra) with the provisions (supra) of Section 38 of the Act, thereupon the minutes or recitals carried in Annexure R-3/1, rather are to be declared per incuriam, vis-à-vis, Section 38 of the Act, and, hence are declared. 9. The learned counsel for the petitioners has submitted, that after the enactment of the relevant Statute hence on 6.9.2003, and, the petitioners obtaining the requisite qualifications, from the afore educational institution hence earlier thereto, thereupon, the mandate of the afore Act is not applicable to them. However, the afore submission also appears to be mis-founded, as, the writ petitioners, undertook the MPHW course from the Lord Mahavira Paramedical Institute, from August, 2002 to December 2003. Therefore, when the afore session concluded after coming into force of Act (supra), consequently, unless they obtained the apposite qualification from the institution (supra), only upon its holding a valid affiliation, from the premier regulatory mechanism, they would not become entitled to cause their registration in the relevant register, hence maintained by the respondent concerned. 10. Since as afore-stated, no material exists on record rather suggestive that Lord Mahavira Paramedical Institute, which conducted the relevant examination, under the aegis of Rajasthan Vidyapeeth University, Rajasthan, held any valid affiliation from the afore University, and, also when no material available on record, hence suggestive, that the deemed university (supra) held any valid affiliation from the premier regulatory mechanism. Therefore this Court concludes that the writ petitioners, are, completely disentitled to seek their enlistment or registration, in, the relevant register maintained by co-respondent No.3.
Therefore this Court concludes that the writ petitioners, are, completely disentitled to seek their enlistment or registration, in, the relevant register maintained by co-respondent No.3. Dehors the above, even if the afore material, does not exist on record, in the larger interest of justice, the writ petitioners may furnish to co-respondent No.3, within two weeks hereafter, the material/documents rather suggestive that (a) Lord Mahavira Paramedical Institute, held a valid affiliation hence from Rajasthan Vidyapeeth University, Udaipur, and, shall also produce before co-respondent No.3, within two weeks hereafter, documents suggestive, that Rajasthan Vidyapeeth University (deemed University), had become validly affiliated to the premier regulatory mechanism concerned. Upon the afore material becoming placed, before co-respondent No.3, within two weeks hereafter, the latter after due authentication thereof, shall proceed to within two weeks thereafter, accordingly enlist or decline enlisting of the writ petitioners, in the relevant register, as, maintained for the aspired purpose. In view of the above, the writ petition is disposed of alongwith all pending applications.