Karni Paramedical College, Phalodi (Raj. ) v. State of Rajasthan, through Principal Member Medical and Health Department, Govt. of Rajasthan
2024-08-30
DINESH MEHTA
body2024
DigiLaw.ai
ORDER : Dinesh Mehta, J. 1. By these writ petitions, the petitioners have approached this Court seeking direction to the respondent – State and Para Medical Council to conduct inspection and grant recognition for carrying out different courses governed by the Rajasthan Pare Medical Council Act, 2008 and Rules and Regulations framed thereunder. 2. While submitting that number of writ petitions have been disposed of by different Benches of this Court, learned counsel prayed that similar orders be passed in their cases as well. Learned counsel for the petitioners relied upon one such order dated 30.05.2024 passed in S.B. Civil Writ Petition No. 9382/2024 titled as Savitri Devi Paramedical Training Institute vs. State of Rajasthan & Ors. 3. Mr. Bhavit Sharma learned counsel appearing for the respondent – Rajasthan Para Medical Council (hereinafter referred to as ‘the Council’) submitted that the order, as has been passed in the case of Savitri Devi Paramedical Training Institute (supra) may not be passed as it needs a re-look, as prevailing statutory position has not been brought to the notice of the co-ordinate Bench. 4. In this regard, Mr. Sharma invited Court’s attention towards the amendments introduced in Rajasthan Para-medical Council Regulations, 2014 (hereinafter referred to as the Regulations of 2014), by way of Notification dated February 16, 2023 published in official Gazette of the State of Rajasthan. He highlighted that as per Regulation No.1, amended provisions have come into force from the date of publication of the Notification in the official Gazette (16.02.2023). 5. He submitted that after coming into force of the amended Regulations, the Regulation No. 52 which is relevant for considering the applications for running courses provides that fresh applications are to be considered only when the Rajasthan Para Medical Council decides to invite such applications. 6. Learned counsel for the respondent further submitted that such amendment has been introduced because, as a policy decision, the State Government and the Rajasthan Para Medical Council have decided to restrict number of institutes running the courses having regard to various factors such as requirement of Para-medics, unemployment and geographical condition of the area, where the institute wants to operate. 7.
7. He pointed out that the statute clearly provides that recognition to new institutes will be granted on the principle of demand-supply and at present the colleges which are already recognized and operating in the State of Rajasthan for the purposes of conducting the Para-medical Course are sufficient in number. It was highlighted that during previous counselling session, out of 27,245 seats about 12,320 seats remained vacant. He asserted that in the opinion of Para-medical Council, there is no requirement of opening new institute(s). 8. Heard learned counsel for the parties. 9. Having regard to the situation that various institutes have come up and the number of desirous candidates is less, the State Government seems to have substituted the Regulation No. 52 w.e.f. 16.02.2023, which reads thus:- “52. Procedure for recognition.- (1) Every Para-medical institution seeking recognition must be an organization under Central Government/State Government/local body or Society registered under the relevant law or Trust or Company incorporated under the Companies Act. (2) The Council shall invite online applications yearly, for recognition, on the basis of demand-supply and shall consider them for recognition in the manner provided in these regulations. The application for recognition shall be made to the Registrar in Form-4 and shall be accompanied by such fees as specified in Schedule-15. (3) On receipt of an application in Form-4, application shall be scrutinized by the Council and if found complete, the Council shall organize inspection of the institute. (4) A panel of Inspectors shall be prepared by the Council who shall inspect the institutions. A member of the Council shall not be eligible to be included in the panel of Inspectors. (5) The Registrar shall appoint two inspectors for the inspection, from the panel of Inspectors, at random. The Inspectors, so appointed, shall submit inspection report to the Registrar in Form-5 separately within 15 days of the appointment. If any Inspector fails to submit his inspection report within time specified above, the Registrar may appoint another Inspector. (6) If Registrar is not satisfied with the inspection report or the institution has any disagreement with the inspection report, the Registrar may appoint third Inspector and such Inspector shall submit his inspection report within 15 days of his appointment. The Registrar may also inspect himself. The inspection report of Registrar or third Inspector shall be final.
(6) If Registrar is not satisfied with the inspection report or the institution has any disagreement with the inspection report, the Registrar may appoint third Inspector and such Inspector shall submit his inspection report within 15 days of his appointment. The Registrar may also inspect himself. The inspection report of Registrar or third Inspector shall be final. If third inspection is done on the request of the institution, the institution will have to pay fees specified in Schedule-16. (7) The Council after considering inspection report/reports, may either issue letter of recognition or reject the application within 90 days from the last date fixed for receipt of the application under sub-regulation (2) above. (8) Any institution who has continuously run any Para-medical course successfully for five years and fulfills all the standards fixed by the Council and if there is no complaint against that institution, permanent recognition may be granted by the Council to such institution on the payment of the fees decided by the Council.” 10. Upon hearing rival counsel, this Court is of the view that after 16.02.2023, it is for the Rajasthan Para Medical Council to invite applications in terms of the Regulation No. 52(2) of the Regulations and then conduct inspection in accordance with law and grant recognition. Post amendment, applications filed by the institutes at their own cannot be considered, unless a notice inviting such applications is published. 11. Since, the Regulation No. 52 has been substituted with effect from 16.02.2023, according to this Court, applications filed prior thereto cannot be refused/rejected solely on the basis of the amended provisions. The action of the Rajasthan Para Medical Council and the State Government of not granting recognition, which decisions were purely administrative in nature and not supported by any statute prior to 16.02.2023 cannot be countenanced. 12. These writ petitions are, therefore, disposed of by directing the respondents to consider and decide all applications received prior to 16.02.2023 in accordance with law, uninfluenced by the amended Regulation No. 52, which has come into force w.e.f. 16.02.2023. The needful be done within a period of six months from today. 13. So far as applications received by the respondents after 16.02.2023 are concerned, the same are impermissible in law and thus, cannot be acted upon, in view of unambiguous provision given in Regulation No. 52. 14.
The needful be done within a period of six months from today. 13. So far as applications received by the respondents after 16.02.2023 are concerned, the same are impermissible in law and thus, cannot be acted upon, in view of unambiguous provision given in Regulation No. 52. 14. The writ petitions in which applications have been received after 16.02.2023 are, therefore, dismissed, while remaining are disposed of as indicated above. 15. All stay applications also stands disposed of, accordingly.