JUDGMENT : 1. This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: “In the light of facts stated above and the grounds mentioned therein, it is, therefore, most humbly prayed : 1. That by an appropriate writ, order or direction the instant writ petition may kindly be ordered to be allowed; 2. That by an appropriate writ, order or direction, the respondent may kindly be directed to consider the candidature of the petitioners for the post of Assistant Radiographer in pursuant to advertisement dated 31.05.2023 (Annexure-10). 3. That by an appropriate writ, order or direction the respondent may kindly be directed not to reject the application of the petitioners for the post of post of Assistant Radiographer in pursuant to advertisement dated 31.05.2023 (Annexure-10) on account of don’t having the registration certificate (Annexure-13) till the last date of submission the application form i.e., 30.06.2023. 4. That by an appropriate writ, order or direction that the condition for requiring the registration certificate prior to last date of submission the application form may kindly be quashed and set aside and the petitioner may kindly be allowed to make correction in the application form regarding their application form. 5. That by an appropriate writ, order or direction that the registration certificate of the petitioners may kindly be treated as valid prior to last date of submission of the application form i.e., 30.06.2023 and the humble petitioner may kindly be treated an eligible in pursuant to advertisement dated 31.05.2023 (Annexure-10) for the post of Assistant Radiographer. 6. That by an appropriate writ, order or direction the respondent RPMC may kindly be directed to issue the registration certificate prior to last of the submission of the application i.e., 30.06.2023 or the registration certificate may kindly be valid in the present requirement. 7. That by an appropriate writ, order or direction the respondent may kindly be directed to accept the application form for the post of Assistant Radiographer in pursuant to advertisement dated 31.05.2023 (Annex-10) without instating registration certificate. 8. That by an appropriate writ, order or direction the respondent may kindly be directed not to reject the application form of the petitioners for the post of Assistant Radiographer in pursuant to Advertisement dated 31.05.2023 (Annex-10) on account of having registration certificate. 9. 8. That by an appropriate writ, order or direction the respondent may kindly be directed not to reject the application form of the petitioners for the post of Assistant Radiographer in pursuant to Advertisement dated 31.05.2023 (Annex-10) on account of having registration certificate. 9. That by an appropriate writ, order or direction the condition with respect to registration certificate with the Rajasthan Para Medical Council till submitting the online application form pursuant to advertainment dated 31.05.2023 (Annex-10) may kindly be quashed and set aside and if the petitioners are found successful then appointment may kindly be given to them on the post of Assistant Radiographer. 10. That by any other appropriate writ, order or direction, which this Hon’ble Court may deem it just and proper in the facts and circumstance of the case, may kindly be issued. 11. Costs of this writ petition may kindly be awarded in favour of petitioner.” 2. Brief facts of the case, as placed before by learned counsel for the petitioners, are that the petitioners passed the Two Years’ Diploma Course in X-Ray Radiographer Technician from Mansarovar Global University, Sehore, Madhya Pradesh in the year 2022. 2.1. Thereafter, the petitioners have applied for issuance of the registration certificate before the MP Para Medical Council; the said application was accepted resulting into issuance of the necessary registration certificate and the No Objection Certificate (NOC). The petitioners then filed an application along with NOC before the respondent-Rajasthan Para Medical Council (hereinafter referred to as ‘Council’) for issuance of the requisite registration certificate. 2.2 Thereafter, the petitioners approached before the MP Para Medical Council for cancellation of the earlier registration and sent a report to the respondent-Council, but the respondent-Council did not consider the petitioners’ application for the same. In the meantime, the respondents initiated a process to fill up the post of X-Ray Radiographer vide advertisement dated 31.05.2023. 2.3. Thereafter, the petitioners submitted the application form without necessary registration certificate, and after the last date of the submission of the application form, the respondent issued the registration certificate, which was not considered for the purpose of appointment on the post in question. 3. 2.3. Thereafter, the petitioners submitted the application form without necessary registration certificate, and after the last date of the submission of the application form, the respondent issued the registration certificate, which was not considered for the purpose of appointment on the post in question. 3. Learned counsel for the petitioners submitted that the petitioners applied for registration before the respondent-Council in the year 2022, but the respondent-Council did not issue requisite the registration certificate before the last of the submission of the application form pursuant to the advertisement for recruitment on the post in question. Therefore, as per learned counsel, due to such inaction on the part of the respondent-Council, the petitioners could not submit the requisite necessary certificate, pursuant to the advertisement for the post in question, in time. 3.1. Learned counsel further submitted that the petitioners submitted all the relevant documents till the month of February, 2023, but the respondent-Council did not consider their application form in pursuance of the advertisement dated 31.05.2023. It was therefore, submitted that such action of the respondents is highly illegal and arbitrary. 3.2. Learned counsel further submitted that in absence of the relevant documents due to technical fault, the candidature of the petitioners for the post in question cannot be rejected. However, as per learned counsel, the petitioners possess all the required eligibility except for registration certification, which too was issued a few days later, after the last date of submission of the application form for the post in question. 3.3. In support of such submissions, learned counsel relied upon the judgments rendered by the Hon’ble Apex Court in the cases of Kumar Laxmi Saroj & Ors. Vs State of U.P. Ors. (Civil Appeal No. 9040 of 2022, decided on 15.12.2022) and Narendra Singh Vs The State of Haryana & Ors. (Civil Appeal No. 321 of 2022, decided on 18.01.2022). 4. On the other hand, learned counsel appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioners, submitted that the prayer of the petitioners for issuance of the certificate in question on a certain retrospective date was not such which was permissible to be entertained in the present factual matrix, because there is no provision in the Rajasthan Para-medical Council Act, 2008 for issuance of the registration certificate with retrospective effect. 4.1. 4.1. It was further submitted that there is no prescribed method under the Rajasthan Para-medical Council Act, 2008 whereby the qualification(s), which are not included in the respective Schedule, can be considered for issuance of the registration certificate, without prior and requisite verification. 4.2. It was also submitted that there was another set of litigation, which came up for consideration before this Hon’ble Court, in which, the candidates, who have done their Diploma in Para Medical Subjects from the Universities of the State of M.P. have sought issuance of registration certificate on the basis of the NOC granted by the M.P. Para Medical Council; in the said case, on inquiry, it was found that the qualification was found non-worth of consideration for the purpose involved in that case. Thus, in the said matter, the Hon’ble Court had directed the respondents to conduct a necessary inquiry before issuing any such registration certificate. 4.3. It was further submitted that the respondents wrote a number of letters to the M.P. Para Medical Council and the concerned University regarding the qualification in question and also enquired from some other Universities of the State of M.P., and therefore, the respondent deemed it appropriate not to take any final decision regarding issuance of the registration certificate in a hurried manner, pursuant to the application of the petitioners. 4.4. It was also submitted that there is no Body in whose the country to specifically regulate the Para Medical Education, and therefore, whenever the application is received where the qualification has been obtained from outside of the State of Rajasthan, then there is a procedure for examining the veracity of the qualification concerneed and thereafter, issuance of the necessary registration certificate. 4.5. In support of such submissions, learned counsel relied upon the judgment rendered by Hon’ble Apex Court in the case of Ashok Kumar Sharma & Ors. Vs. Chander Shekhar & Ors. (1997) 4 SCC 18 . 4.6. It was also submitted that the judgment rendered in the case of Kumar Laxmi Saroj (Supra) does not apply in the present set of facts and circumstances, as the respondent has not purposely delayed the issuance of the certificate, rather in the present case, the respondent has made due adherence to the procedure prescribed for the purpose in question. 5. It was also submitted that the judgment rendered in the case of Kumar Laxmi Saroj (Supra) does not apply in the present set of facts and circumstances, as the respondent has not purposely delayed the issuance of the certificate, rather in the present case, the respondent has made due adherence to the procedure prescribed for the purpose in question. 5. Heard learned counsel for the parties as well as perused the record of the case alongwith the judgments cited at the Bar. 6. This Court observes that the petitioners passed the Two Years’ Diploma Course in X-Ray Radiographer Technician from Mansarovar Global University, Sehore, Madhya Pradesh in the year 2022. The petitioners approached before the MP Para Medical Council for cancellation of the earlier registration and sent a report to the respondent-Council, but the respondent-Council did not consider the petitioners’ application for the same. In the meantime, the respondents initiated a process to fill up the post of X-Ray Radiographer vide advertisement dated 31.05.2023. The petitioners filed the form without having registration certificate and after the last date of the submission of the application form, the respondents issued the registration certificate and the same was not considered by the respondents in pursuance of the advertisement in question. 7. This Court also observes that the Coordinate Bench of this Hon’ble Court granted the interim order dated 22.08.2023 to the petitioners, same is reproduced hereunder:- “Heard learned counsel for the parties. Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by a judgment of the Hon’ble Supreme Court rendered in the case of Kumari Laxmi Saroj & Ors. Vs. State of U.P. & Ors. : Civil Appeal No.9040/2022, decided on 15.12.2022. Learned counsel for the petitioners submits that the petitioners have secured registration in Rajasthan Paramedical Council though at a date later on which the applications were filled-in by the petitioners for the post of Assistant Radiographer advertised by the Rajasthan Paramedical Council. Per contra, learned counsel for the respondents submits that the judgment of the Hon’ble Supreme Court in the case of Kumari Laxmi Saroj (supra) has not considered the judgment rendered by the Hon’ble Supreme Court in the case of Ashok Kumar Sharma & Ors. Vs. Chander Shekhar & Ors, decided on 10.03.1997. He, therefore, submits that the present judgment will not help the petitioners. Matter requires consideration. Vs. Chander Shekhar & Ors, decided on 10.03.1997. He, therefore, submits that the present judgment will not help the petitioners. Matter requires consideration. Counsel for the respondents seeks four weeks’ time to file reply. Time prayed for is allowed. Put up on 22.09.2023. Meanwhile, the candidature of the petitioners for the post of Assistant Radiographer shall be provisionally considered by the respondents. The result of the consideration of the petitioners shall remain subject to outcome of the present writ petition.” 8. At this juncture, this Court deems it appropriate to reproduce the relevant portion of the judgment rendered by the Hon’ble Apex Court in the case of Kumar Laxmi Saroj & Ors. (Supra), as hereunder:- "4.1. Thus, because of the late issuance of the registration by the U.P. Council, the appellants could not produce the U.P. Council registration either on the last date of the application and/or at the time of verification of documents and therefore, they were held ineligible. 4.2 From the aforesaid, it can be seen that as such, there was no fault on the part of the appellants in not producing the U.P. Council registration either at the time of submitting the applications forms or even at the time of verification of the documents. As such, all the appellants except one had applied for U.P. Council registration before the date of advertisement i.e., 15.12.2021. Therefore, for no fault(s) of theirs, the appellants could not have been made to suffer. The issue involved is directly covered by the decision of this Court in the case of Narender Singh Vs. State of Haryana and Ors.; (2022) 3 SCC 286 . In the said decision, it is observed and held by this Court that once it was found that there was no lapse/delay on the part of the applicant and/or there was no fault of the appellant/applicant in not producing the NOC at the relevant time, he cannot be punished for the same. When the aforesaid decision was pressed into service before the High Court on behalf of the appellants, the High Court has not followed the same by observing that the directions issued by this Court in the case Narender Singh (supra), were in exercise of powers under Article 142 of the Constitution of India. The aforesaid is a misreading and/or misinterpreting of the judgment of this Court. The aforesaid is a misreading and/or misinterpreting of the judgment of this Court. This Court has specifically laid down the law that if it is found that there is no lapse/delay on the part of the applicant, he cannot be punished for no fault attributable to him. However, as in that case, another candidate/employee was already appointed, this Court had protected his service also while exercising the powers under Article 142 of the Constitution of India. Therefore, exercise of the powers under Article 142 of the Constitution of India was for protecting the service of another employee – respondent No. 4 in that case. The High Court has as such, misread the judgment of this Court. 5. In view of the above and for the reasons stated above and applying the law laid down by this Court in the case of Narender Singh (supra), the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside.” 9. This Court further observes that the petitioners firstly registered with the M.P. Para Medical Council and thereafter, they filed an application for registration before the respondent-Council with relevant documents alongwith No Objection Certificate (NOC) prior to the issuance of the advertisement in question. This Court also observes that after the application, the respondent-Council sought the information from the Mansarovar Global University regarding the reorganization of the said University and admission process of the petitioners and the said University provided all the information on 25.02.2023 before issuance of the advertisement in question which was issued on 31.05.2023 by the respondents. 10. This Court further observes that the petitioners also approached the M.P. Para Medical Council to cancel their registration and forwarded the information to the respondent-Council and the M.P Para Medical Council cancelled the registration of the petitioners in the month of February, 2023 before issuance of the advertisement in question. This Court also observes that despite the above-said exercise by the petitioners, the respondent-Council did not issue the registration certificate in time. 11. This Court further observes that the respondent-Council withheld the applications of the petitioners and issued the advertisement in question. This Court also observes that despite the above-said exercise by the petitioners, the respondent-Council did not issue the registration certificate in time. 11. This Court further observes that the respondent-Council withheld the applications of the petitioners and issued the advertisement in question. This Court also observes that the respondent-Council issued the registration certificate in the month of July, 2023 to the petitioners after the last date of submission of the application form in pursuance of the advertisement in question. Therefore, it is clear that the petitioners have valid degree/diploma and after all clearances, the respondent-Council granted the registration certificate. 11.1 This Court also observes that despite completion of all the formalities on part of the petitioners, the respondent-Council withheld the applications of the petitioners and caused delay in issuance of the registration certificate in question, which is not justified in law. The petitioners have competed all the due formalities and there is nothing on record which could show any fault on the part of the petitioners with regard to the recruitment process in question. 12. This Court further observes that once it is clear that there is no fault on part of the petitioners, then the delay caused in issuance of the registration certificate in question is solely on part of the respondent-Council, for which the petitioners cannot be made to suffer, as has already been held by the Hon’ble Apex Court in the above-quoted precedent law of Kumar Laxmi Saroj (Supra), to the effect that “once it was found that there was no lapse/delay on the part of the applicant and/or there was no fault of the appellant/applicant in not producing the NOC at the relevant time, he cannot be punished for the same.” 13. Thus, in light of the aforesaid observations and in view of the above-mentioned precedent law, particularly, Kumar Laxmi Saroj (Supra) as well as looking into the factual matrix of the present case, the present petition is allowed and the respondents are directed to allow the petitioners to appear in the examination in pursuance of the advertisement dated 31.05.2023 in question as well as permit their due participation in the further process, if any, as per the respective merit list, while considering the Para Medical registration certificate (Annexure-9 of the writ petition) issued by the respondent-Council in the month of July, 2023 to the petitioners. 13.1. All pending applications stand disposed of.