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2022 DIGILAW 921 (RAJ)

Jitendra Sharma v. State Of Rajasthan

2022-03-21

ASHOK KUMAR GAUR

body2022
JUDGMENT 1. This Court finds that on 02.08.2021, the Court had noted that Special Appeal filed by the State was dismissed by the Division Bench. 2. This Court also noted that after dismissal of the Special Appeal, the State Authorities issued order dated 07.10.2020 and they directed Rajasthan Para Medical Council to cancel the registration of the petitioners. 3. This Court also noted that though initially Rajasthan Para Medical Council had issued certificate of registration on provisional basis, however, same was subject to final decision D.B.S.A.W. No.1514/2019. 4. This Court also noted that the Rajasthan Para Medical Council on the basis of letter received from the State Government issued a letter dated 14.10.2020 whereby the certificate of registration of the petitioners was cancelled. 5. This Court had granted four weeks time to the learned counsel appearing for the respondents to seek instructions for compliance of the order of which contempt is alleged. 6. Learned counsel for the petitioner-Mr. Vigyan Shah submitted that after order dated 02.08.2021 passed by this Court, the Apex Court has also dismissed the Special Leave to Appeal filed by the State by an order dated 06.12.2021 and as such issue of eligibility of the petitioners is no more res integra. 7. Learned counsel for the petitioner further submitted that after issuance of order dated 02.08.2021 passed by this Court, the State Government had issued an order dated 05.01.2022 whereby the petitioners were asked to be present before the Authorities along with certain documents including the registration of the petitioners with Rajasthan Para Medical Council. 8. Learned counsel for the petitioner submitted that after issuance of order dated 05.01.2022, no steps have been taken by the respondents to comply with the order. 9. Learned Additional Advocate General-Dr. Vibhuti Bhushan Sharma submitted that meeting of High Level Officials was conducted on 11.01.2022 in response to the letter issued by the Authorities on 05.01.2022 and eligibility of the petitioners was considered. 10. Learned Additional Advocate General submitted that High Level Committee of officials have come to a conclusion that the qualification acquired by the petitioners is by way of distance education and the alleged training done by the petitioners at Poddar Management & Training Institute is not a recognized institution for imparting education in Radio Technology/Diploma in Medical Lab Technology. 10. Learned Additional Advocate General submitted that High Level Committee of officials have come to a conclusion that the qualification acquired by the petitioners is by way of distance education and the alleged training done by the petitioners at Poddar Management & Training Institute is not a recognized institution for imparting education in Radio Technology/Diploma in Medical Lab Technology. The said committee also noted that the institute, where petitioners have passed their practical training, does not have infrastructure i.e. own hospital/Lab/X-ray/CT Scan/Ultra Sonography for practical training. 11. Learned counsel submitted that in view of the decision of the Committee dated 11.1.2022, the petitioners have not been found eligible. 12. Learned Additional Government Counsel-Mr. Bharat Saini appearing for the Rajasthan Para Medical Council also submitted that eligibility of the petitioners to work on the post of Assistant Radiographer is not established and in view of the decision of the State Government, the petitioners' registration with Para Medical Couuncil though granted on provisional basis, was cancelled later on. 13. Learned Additional Government Counsel also submitted that similar issue of acquiring educational qualification by the vocational training for the post of Assistant Radiographer has been examined by this Court in the cases of Ajju Khan v. The State of Rajasthan & Anr. (S.B. Civil Writ Petition No.700/2016) and Lohade Ram Meena v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.226/2009). 14. Learned Additional Government Counsel submitted that once these decisions, decided the eligibility of the candidates on account of their education acquired from distance education, then such candidates could not be held eligible. 15. Learned Additional Advocate General submitted that if petitioners are made eligible on the post of Assistant Radiographer, the same will result into conferring eligibility on different persons and it will open flood gate of litigation for such persons to claim eligibility. 16. This Court is afraid to accept the submissions of learned Additional Advocate General as the present contempt petition is filed for seeking implementation of the order passed in the writ petition and obviously the eligibility of the petitioners is required to be seen and same has already been decided by this Court. 17. This Court finds that the issue of eligibility has already been decided of the petitioners by the Single Bench and same has got approval upto the Apex Court. 18. 17. This Court finds that the issue of eligibility has already been decided of the petitioners by the Single Bench and same has got approval upto the Apex Court. 18. This will be too late in a day to now question the eligibility of the petitioners. 19. This Court does not have any option except to seek that order passed by the Court, is required to be complied with by the Authorities. 20. The stage of questioning the eligibility of the petitioners is already gone and this Court will not be in a position of pronounce the eligibility of the petitioners. 21. The stand of the State and Para Medical Council has already been examined by this Court upto the Apex Court and as such while sitting in contempt petition, this Court will not be in a position to re-appreciate the entire controversy. 22. This Court finds that the Authorities have been at fault in this case while not implementing the order passed by this Court after settling the controversy by the Apex Court and as such now the Authorities cannot be given any leverage to have their own interpretation about eligibility of the petitioners. 23. This Court accordingly grants four weeks time to the respondents to undertake necessary exercise to comply with the order passed by this Court and in case the orders are not passed, the Principal Secretary, Department of Medical & Health, Director, Medical & Health Services and Registrar, Para Medical Council will be personally present before the Court on the next date. 24. List on 29.04.2022. 25. A copy of this order be sent by Registrar (Judicial) to above officers.