Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1950 (RAJ)

Umesh Meena v. State Of Rajasthan

2022-07-05

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - Heard learned counsel for the parties. 2. Brief facts giving rise to the present writ petition are that the petitioner after having passed Senior Secondary Examination with 57.49% applied for admission in the Diploma in Medical Laboratory Technology (DMLT), one of the courses conducted by the Rajasthan Para Medical Council, Jaipur, for the Session 2015-16, in pursuance of the Notification dated 18.12.2015 (Annex. 2). The petitioner being found eligible in the counseling by the respondents, was allotted admission to undertake Diploma in Medical Laboratory Technology from the respondent No. 4 - Krishna College of Life Sciences, Bhilwara. In pursuance of the allotment of the college, the petitioner started his studies. 3. While the petitioner was undergoing the course at respondent No. 4-College, the Principal of College received order-cum-communication dated 21.02.2017 whereby, the enrollment of the petitioner was denied. Pursuant to this order-cum-communication dated 21.02.2017, the petitioner was not allowed to sit in the examination and, therefore, the writ petition was preferred by him and by the interim order granted by this Court, he was allowed to undertake the examinations. In these circumstances, the petitioner has prayed that the order-cum-communication dated 21.02.2017 (Annex. 5) may be quashed and set aside. 4. Learned counsel for the petitioner submits that the petitioner is holding a Senior Secondary Certificate with Agriculture, Biology and Chemistry as main subjects and he is fully eligible for doing Diploma in Medical Laboratory Technology. He further submits that after counseling, the petitioner was successfully allotted the respondent No. 4 - College and after having undergone the studies in DMLT, the respondents cannot reject his candidature for not holding the requisite subjects in the Senior Secondary Examination. Learned counsel for the petitioner submits that in the identical situation, the Jaipur Bench of this Court vide order dated 04.10.2021 allowed S.B. Writ Misc. Application No. 08/2021 (Avneesh Sharma v. State of Rajasthan and Ors.) and has treated the subject Agriculture as one of the Science subjects for being eligible to undertake the course of DMLT. In the order dated 04.10.2021, reliance has been placed on the judgment of Shyam Lal Sharma v. State of Rajasthan & Ors. reported in 1994 (2) WLC 393. 5. In the order dated 04.10.2021, reliance has been placed on the judgment of Shyam Lal Sharma v. State of Rajasthan & Ors. reported in 1994 (2) WLC 393. 5. Per contra, learned counsel for the respondents submits that the petitioner is not eligible for undertaking the course of Diploma in Medical Laboratory Technology (DMLT) as he is not holding the requisite qualifications in accordance with Rule/Regulation 51 of the Rajasthan Para-medical Council Regulations, 2014. Learned counsel for the respondents is not in a position to controvert the fact of the order having been passed in the case of Avneesh Sharma v. State of Rajasthan and Ors. in S.B. Writ Miscellaneous Application No. 08/2021 decided on 04.10.2021. However, learned counsel for the respondents submits that the order dated 04.10.2021 was stayed by the Hon'ble Division Bench vide order dated 30.06.2022 in D.B. Civil Special Appeal (Writ) No. 603/2022 preferred by the Rajasthan Para Medical Council. 6. I have considered the submissions made at the Bar and perused the entire material placed before this Court. 7. The only controversy involved in the present case is that whether the petitioner was eligible for being admitted in the Paramedical Courses undertaken by the Rajasthan Para-medical Council vide its advertisement dated 18.12.2015 or not. 8. Admittedly, the petitioner is holding Senior Secondary with main subjects as Agriculture, Biology and Chemistry. The Rule 51(1) of the Rajasthan Para-medical Council Regulations, 2014, which governs the field in the present case reads as under:- "51. Eligibility criteria for admission:- (1) The minimum qualification for admission to the Para-medical Diploma Courses shall be Senior Secondary (10+2) Science (including any sub category of science subject) with minimum 45 percent marks in aggregate. Minimum aggregate marks for the Candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Class or Special Backward Class shall be 40 percent. Allotment shall be made on the basis of marks obtained in 10+2 examination. Preference in admission shall be given to bonafide residents of Rajasthan." 9. A bare perusal of the Rule goes to show that a person who is having Senior Secondary Science (10+2) with minimum 45% marks aggregate is entitled for getting admission in the courses enumerated in advertisement dated 18.12.2015. Preference in admission shall be given to bonafide residents of Rajasthan." 9. A bare perusal of the Rule goes to show that a person who is having Senior Secondary Science (10+2) with minimum 45% marks aggregate is entitled for getting admission in the courses enumerated in advertisement dated 18.12.2015. In pursuance of the advertisement dated 18.12.2015, the petitioner applied for Diploma in Medical Laboratory Technology, wherein the candidate having the knowledge of Biology and Chemistry subjects will be eligible and since the petitioner is holding the Senior Secondary with 57.49% marks in subjects of Chemistry and Biology, he is eligible to be enrolled in the Diploma in Medical Laboratory Technology. 10. This Court is of the view that for undertaking the course of the Diploma in Medical Laboratory Technology, a person must have basic knowledge of the science subjects including the subjects of Biology and Chemistry and therefore, the petitioner who is having an additional subject of Agriculture besides the subjects of Biology and Chemistry, is eligible for this Diploma. The intention of the Rule 51 of the Rajasthan Para-medical Council Regulations, 2014 is also clear and supports the view taken herein above. Further the view taken by this Court also finds support from the order passed by the Co-ordinate Bench of this Court in S.B. Writ Miscellaneous Application No. 08/2021 decided on 04.10.2021. 11. In view of the discussions made above, the present writ petition merits acceptance and the same is allowed. The order-cum-communication dated 21.02.2017 issued by the Rajasthan, Para-medical Council, Jaipur, is quashed and set aside with a direction to the respondents to declare the result of Diploma in Medical Laboratory Technology (DMLT) and thereafter, enroll the petitioner if found eligible.