M. I. d. Paramedical Institute v. State of Rajasthan
2023-08-01
PUSHPENDRA SINGH BHATI
body2023
DigiLaw.ai
ORDER : (Pushpendra Singh Bhati, J.) The present writ petition has been preferred claiming the following reliefs:- "(A)That the writ petition filed by the petitioner institution may kindly be allowed and; (B) That through appropriate writ, direction or order, the respondents may kindly be directed to amend the NOC/Permission dated 28.06.2023 (Annex.-16) to the extent that the petitioner institution may be allowed to conduct DMLT course from academic session 2022-23 onwards and; (C) The petitioner institution may kindly be allowed to participate in the counselling for the academic session 2022-23 with 50 seats for DMLT course and; (D) That the petitioner institution may kindly be allowed to fill it's seats on it's own if it is not allow to participate in the counselling for academic session 2022-23." 2. Learned counsel for the petitioner submits that the petitioner is an educational institute, which applied for permission to start paramedical courses, which included Diploma in Medical Laboratory Technology, Diploma in Radiation Technology, Diploma in Operation Theater Technology, Diploma in Orthopedic Technology and Diploma in Emergency and Trauma Centre Technology. 2.1 The applications were invited for the session 2022-23, when the respondents did not respond to the applications, the petitioner-institute filed writ petitions bearing S.B. Civil Writ Petition No.13211/2022 and 14718/2022 whereby this Court passed orders on 13.09.2022 & 30.09.2022 respectively, in which, this Court directed the respondents to pass an appropriate orders within a period of three months. 2.2 Learned counsel further submits that the petitioner-institute who was having its own 100 bedded hospital and was completing the requisite formalities accordingly sought necessary inspection for the ongoing Session of 2022-23. Pursuant to the application submitted by the petitioner-institute, the respondents Rajasthan Paramedical Council on 09.01.2023, rejected the application filed by the petitioner for the aforesaid five paramedical courses. The petitioner immediately sought for the appellate remedy, which is under Section 30 of the Paramedical Council Act, by filing an appeal on 03.02.2023, before the Principal Secretary Medical and Health (Group-3) Secretariat, Jaipur. The said appeal was decided on 08.06.2023 in favour of the petitioner-institution, while quashing the rejection order dated 09.01.2023, directed respondent-Rajasthan Paramedical Council that out of the five Paramedical Courses, as applied by the petitioner-institution, the documents for one Diploma Course i.e. Diploma in Medical Laboratory Technology may be considered.
The said appeal was decided on 08.06.2023 in favour of the petitioner-institution, while quashing the rejection order dated 09.01.2023, directed respondent-Rajasthan Paramedical Council that out of the five Paramedical Courses, as applied by the petitioner-institution, the documents for one Diploma Course i.e. Diploma in Medical Laboratory Technology may be considered. 2.3 Learned counsel, thus, submits that in a successful statutory remedy, the petitioner got a positive order for consideration of the Diploma in Medical Laboratory Technology, but despite that the respondents have granted temporary recognition to the petitioner-institution vide order dated 28.06.2023 for Diploma in Medical Laboratory Technology Course with 50 seats for session of 2023- 24. 2.4 Learned counsel also submits that the foundation for the DMLT course was for the session 2022-23 and once the petitioner has succeeded in the statutory appeal and his documentation was for the session 2022-23, then the NOC granted from 2023-2024 ought to have included for session 2022-23 also. 2.5 Learned counsel further submits that the approval for the temporary recognition for 50 seats for Session 2023-24 shows that the petitioner-institution on the pedestal of his application for the session 2022-23 was already having such qualification and standard and eligibility to run such course. 3. Mr. Bhavit Sharma, learned counsel for the respondent has defended the grant of temporary recognition for the academic session 2023-24 on the pedestal that it was a policy decision made by the Rajasthan Paramedical Council; the relevant portion of the policy decision reproduced as follows:- dz0la0 ,ts.Mk fu.kZ; 13 dkmUlfyax izfdz;k izkjEHk gksus ds i'pkr ml 'kS{kf.kd l= ds fy, fdlh Hkh egkfo|ky;@laLFkku dks vuqer lhVksa esa o`f) vFkok uohu egkfo|ky;@laLFkku dks dkmUlfyax izfdz;k esa 'kkfey djus ;k ugha djkus ds laca/k esa ppkZA dkmUlfyax izfdz;k izkjEHk gkssus ds i'pkr ml 'kS{kf.kd l= ds fy, fdlh Hkh egkfo|ky;@laLFkku dks vuqer lhVksa esa o`f) vFkok uohu egkfo|ky;@laLFku dks izpfyr o"kZ esa dkmfUlfyax izfdz;k esa 'kkfey ugha fd;s tkus dk fu.kZ; fy;k tkrk gSA 3.1 Learned counsel has also submitted the data of DMLT Course in Rajasthan, which reflects that after the 3rd counselling, the total seats of DMLT Course is 4895 whereas the total filled seats are 3295 and the vacant seats are 1600.
He further submits that the schedule of counselling was over by the time, the decision was taken by the appellate authority and the Paramedical Council and thus, the justifiable decision was taken by permitting the petitioner to participate in the counselling and admission in the process of session 2023-24. He also submits that there is no challenge to the decision taken by the Rajasthan Paramedical Council. 4. Learned counsel for the petitioner-institute, however, submits that the mop-up round of the counselling for the session 2022-23 is still going on and once the petitioner-institute has succeeded in the statutory remedy, then full effect of the order passed by the statutory authority has to be given. 5. This Court, after hearing learned counsel for the parties and perusing the record of the case, finds that the petitioner-institute had applied for five paramedical courses, which was rejected by the respondents vide order dated 09.01.2023. The Section 30 of the Paramedical Council Act provides for a statutory remedy, which was resorted to by the petitioner. Section 30 of the Paramedical Council Act reads as follows:- "30. Appeal to the State Government.- Any person aggrieved by the order of the Council granting or refusing to grant recognition to any institution under Section 28 or withdrawing such recognition under Section 29 may, within three months from the date of such order, appeal to the State Government whose decision thereon shall be final." 5.1. This Court finds that the appellate authority reverse the decision of the Paramedical Council in the appeal preferred by the petitioner-institute by its order dated 08.06.2023 to the extent that out of the five paramedical courses applied, the Diploma in Medical Laboratory Technology (DMLT) was directed to be considered. Once the decision was reversed for academic session 2022-23, the Medical Council was bound to consider the petitioner-institute for Session 2022-23 for whatever counselling was remaining and ofcourse it has already taken the decision for Session 2023-24. Unless full statutory meaning is given to the ParaMedical Council Act, 1956 Section 30, the very purpose of the appellate jurisdiction will be frustrated. It has been brought to the knowledge of this Court that vide public notice dated 24.07.2023, the mop-up round is conducted by the respondents on 07.08.2023 and there are 1600 vacant seats.
Unless full statutory meaning is given to the ParaMedical Council Act, 1956 Section 30, the very purpose of the appellate jurisdiction will be frustrated. It has been brought to the knowledge of this Court that vide public notice dated 24.07.2023, the mop-up round is conducted by the respondents on 07.08.2023 and there are 1600 vacant seats. 5.2 In light of the aforesaid facts, particularly that the petitioner successfully participated for DMLT Course for session 2022-23 seeking temporary recognition for 50 seats, this Court is of the firm opinion that it has to be given full meaning in the present adjudication. Thus, the mop-up round or whatever mode of administration remaining for Session 2022-23 has to be offered to the present petitioner. Any decision contrary to the decision of the appellate authority of the State taken by the Rajasthan Paramedical Council cannot withstand the scrutiny of law. There is nothing adverse on record against the petitioner, after the appellate order under Section 30 of the Act is passed which could deter the petitioner from seeking admission/counseling for session 2022-23 for DMLT course. Since the petitioner-institute fulfills all eligibility and requisite criteria they ought to be allowed to participate in any counseling in future for session 2022-23. 5.3 Thus, while upholding the decision of the appellate authority dated 08.06.2023 and Rajasthan Paramedical Council dated 28.06.2023, this Court directs the respondents to permit the petitioner-institute to undergo any other counseling including mop-up round or any other mode of Administration which is remaining for the Session 2022-23 only for DMLT course for the session 2022-23. It is made clear that the petitioner-institute shall be required to fill the students upto 50 seats only and if petitioner-institute gets the students through the counseling to be conducted by the respondents or in otherwise he will be restrained from taking any admission unless the respondents themselves permit. 6. With the aforesaid observation, the present petition is disposed of. All pending applications also stand disposed of.