Sadab Khan S/O Shri Mustak Khan vs State Of Rajasthan
2021 Latest Caselaw 3895 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 8165/2019

1.    Sadab Khan S/o Shri Mustak Khan, Aged About 20 Years,
      Resident Of Salempur, Tehisl Sapotara, District Karauli
      (Rajasthan)
2.    Wasid Khan S/o Shri Jakir Khan, Aged About 20 Years,
      Resident Of Salempur, Tehisl Sapotara, District Karauli
      (Rajasthan)
                                                               ----Petitioners
                                Versus
1.    State Of Rajasthan, Through Its Principal Secretary,
      Medical And Health Services, Rajasthan, Jaipur.
2.    Rajasthan Para Medical Council, Through Its Registrar, G-
      1, Kishanbhawan, Lalkothi, Jaipur.
3.    Paramedical College Sansthan, Through Its Secretary, C-
      18 Girdharipura, Ajmer Road, Jaipur.
4.    Global Para Medical College, Near Essar Petrol Pump,
      Karmoda Byepass, Sawai Madhopur.
                                                             ----Respondents

Connected With S.B. Civil Writ Petition No. 8166/2019 Ravi Kant Pareek S/o Shri Pramood Kumar Pareek, Aged About 26 Years, Resident Of Dulaniya, Tehisl Surajgarh, District Jhunjhunu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Rajasthan, Jaipur.

2. Rajasthan Para Medical Council, Through Its Registrar, G-

1, Kishanbhawan, Lalkothi, Jaipur.

3. Paramedical College Sansthan, Through Its Secretary, C-

18 Girdharipura, Ajmer Road, Jaipur.

4. Dr. Mamta Institute Of Para Medical Science, Near Govt.

Dist. Dedraj Bhartiya Hospital, Churu.

                                                             ----Respondents
            S.B. Civil Writ Petition No. 8167/2019



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Nand Lal Gurjar S/o Shri Ramraj Gurjar, Aged About 29 Years, Resident Of School Ke Pass, Motipura, Gangithala, Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Rajasthan, Jaipur.

2. Rajasthan Para Medical Council, Through Its Registrar, G-

1, Kishanbhawan, Lalkothi, Jaipur.

3. Paramedical College Sansthan, Through Its Secretary, C-

18 Girdharipura, Ajmer Road, Jaipur.

4. Rajasthan Institute Of Para Medical Science, Pilani, Chirawa Road, Pilani, District Jhunjhunu.

----Respondents S.B. Civil Writ Petition No. 8168/2019

1. Akshay Kumar Sharma S/o Shri Sushil Kumar Sharma, Aged About 27 Years, Resident Of 189, 10-B Scheme, Gopalpura Bybass, Durgapura, Jaipur (Rajasthan).

2. Ms. Rashida Bano D/o Shri Anwar Ali, Aged About 22 Years, Resident Of 609, Ratidang Sarakari School Road, Vaishali Nagar, Ajmer (Rajasthan).

3. Praveen Kumar Sankhla S/o Shri Mukesh Sankhla, Resident Of 52, Geeta Bhawan Road, Pipli Choraha, Beawar, Ajmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Rajasthan, Jaipur.

2. Rajasthan Para Medical Council, Through Its Registrar, G-

1, Kishanbhawan, Lalkothi, Jaipur.

3. Paramedical College Sansthan, Through Its Secretary, C-

18 Girdharipura, Ajmer Road, Jaipur.

4. Rajasthani Institute Of Para Medical Science, Amba Tower, Near Swarn Jayanti Stadium On Mandawar Road, Jhunjhunu.

----Respondents S.B. Civil Writ Petition No. 8565/2019 Shekhar S/o Shankar Lal, Aged About 25 Years, R/o Village

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Bairasar Manjhala, Post Jaetpura, Tehsil Rajgarh District Churu Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services Rajasthan, Govt. Of Rajasthan, Secretariat Jaipur.

2. Rajasthan Para Medical Council, Through Its Registrar, G-

1, Kishan Bhawan, Lal Kothi, Jaipur

3. Paramedical College Sansthan, Through Its Secretary C-

18, Girdharipura, Ajmer Road, Jaipur

4. Krishna Para Medical College, 25, Govardhan Colony, Near Metro Station, Vivek Vihar Jaipur.

                                                                  ----Respondents


For Petitioner(s)          :    Mr. Hemant Gajraj
                                Mr. Mahendra Sharma
For Respondent(s)          :    Mr. Bharat Saini, Addl. GC.

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment

19/08/2021

1. All these cases are being decided at this stage.

2. Facts of SBCWP No.8165/2019 are being noticed for the

purpose of disposal.

3. The petitioners have passed Senior Secondary School

Examination which is the requisite eligibility qualification in

Science with Mathematics and Biology as subjects which is the

minimum required eligibility for admission to Diploma in Medical

Laboratory Technology course being conducted in various

institutes of Government as well as private Para Medical Institutes

as recognized by the Para Medical Council of Rajasthan.

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4. The short issue involved in the present petitions is whether

the students should be allowed to pursue their course if they have

been admitted by the federation of the society of private Para

Medical Institutes instead of their names be sent by the Para

Medical Council who in ordinary course conducts counseling of

students and sends the list of students to various institutes for

admission.

5. Brief facts are that for the session 2017-18, the Para Medical

Council conducted counseling and sent names to the various Para

Medical Institutes, however, after third counseling also some seats

remained vacant in various institutes. To fill up those seats, the

Federation of Societies for Private Para Medical Institutes selected

candidates at their level who were eligible and had the requisite

qualification, such students were included. The petitioners were

also admitted in various Para Medical Institutes. The Para Medical

Council has, however, refused to enroll and allow such students to

appear in the examination. By an interim order passed by this

court, the petitioners were allowed to appear for the examination,

however, no equity was created in their favour and their

admissions were made subject to the decision of the case.

6. Learned counsel appearing for the Para Medical Council

submits that after the federation of society for private medical

colleges had prepared the list of students for filling up the vacant

seats. The said list ought to have been sent to the Para Medical

Council for confirmation before admission and it was to be

scrutinized by the Para Medical Council and thus, the admission of

the petitioners are illegal.

7. On the other hand, learned counsel appearing for the

petitioners submits that there is no fault at the level of the

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students. They possess the minimum requisite qualification and

also they are meritorious. Their names were not included in the

list sent by the Para Medical Council earlier and seats were lying

vacant whereafter the federation invited applications and the

petitioners also got admission by the list sent by the federation.

Dispute inter se between the federation and Para Medical Council

ought not be made to suffer the life and career of the students.

Learned counsel has pointed out that admissions in normal course

to the Diploma in Medical Laboratory Technology is only on merit

basis and there is no examination conducted. Thus, the contention

of counsel appearing for Para Medical Council ought not be taken

into consideration for the purpose. Learned counsel submits that

the scheme adopted for sending the names to the Para Medical

Council for admission was in terms of the order passed by the

Supreme Court in the case of Society of Private Paramedical

Institutions Versus The State of Rajasthan & others, SLP

No.15939/2016 decided on 05.09.2016. However, the said order

does not govern cases where the vacant seats are still available

after the names have been sent by the Para Medical Council.

8. I have considered the submissions.

9. In the case of Society of Private Paramedical

Institutions (supra) upon the consensus having been arrived at,

following order was passed:-

"In course of hearing, a consensus has been arrived at between the parties that if the petitioner- Institutions sends a list of students to the respondent- State and its authorities, the said list shall be scrutinized and, thereafter, counseling shall be conducted regard being had to the eligibility criteria. If the students are qualified, a decision shall be taken with regard to their admission in the colleges as prescribed by the State.

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With the aforesaid observation and direction, the special leave petition stands disposed of. No order as to costs."

10. Having noticed the aforesaid order, it is apparent that the

regular admissions which are required to be made are through the

Para Medical Council after they scrutinize the list as sent by the

institutes. Thus, admission is the process which is being followed

for first counseling, second counseling and the third counseling,

however, if seats still remain vacant, the federation would be

entitled to fill up the remaining seats on merit basis.

11. Keeping in view the law laid down by the Supreme Court in

the case of P.A. Inamdar & Others Versus State of

Maharashtra & Others, (2005) 6 SCC 537, this court finds that

in these cases, even the examinations are not being done,

therefore, the course adopted by the federation cannot be said to

be faulted in any manner and the students' admission cannot be

said in any manner to be illegal and unjustified.

12. In view of above, the action of the Rajasthan Para Medical

Council in not enrolling the petitioners is found to be unjustified.

Accordingly, it is directed that the petitioners shall be enrolled by

the Para Medical Council and they shall be allowed to appear in

the examinations being conducted by the Para Medical Council for

the Diploma in Medical Laboratory Technology. The petitioners who

have already appeared in the examination in terms of the order

passed by the court, shall be entitled for declaration of their

result. Accordingly, the Para Medical Council is directed to declare

the result of the petitioners and communicate the same.

13. For the said purpose, testimonials and documents of all the

students shall be sent by their respective college/institutes to the

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Para Medical Council who would verify the said qualifications. If

the Para Medical Council found that any of the students does not

possess the minimum educational qualification as required for

pursuing the Diploma course, such students' admission would

stand canceled.

14. These writ petitions are accordingly allowed. All pending

applications, if any, shall stand disposed of.

15. A copy of this order be placed in each connected file.

(SANJEEV PRAKASH SHARMA),J

Karan/80-84

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