Citation : 2021 Latest Caselaw 228 Raj
Judgement Date : 7 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13318/2020
Ved Prakash Regar S/o Shri Kailash Chandra Regar, Aged About 23 Years, R/o Ward No. 23, Kalinjari Gate, Tehsil Shahpura, District Bhilwara (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Its Principle Secretary, Medical And Health Services, Rajasthan, Jaipur.
2. The Rajasthan Para Medical Council, Through Its Registrar, G-1, Kishan Bhawan, Lal Kothi, Jaipur.
3. The Para Medical College Sansthan, Through Its Secretary, C-18, Girdharipura, Ajmer Road, Jaipur.
4. Maharana Pratap Institute Of Para Medical Science And Technology, Through Its Principle, Chittorgarh (Raj.)
----Respondents
For Petitioner(s) : Mr. Dinesh Godara (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/01/2021
This writ petition has been filed by the petitioner with a
prayer that the respondents may be directed to declare the result
of the first year diploma in Medical Laboratory Technology Course,
in which the petitioner had appeared pursuant to the interim order
passed by this Court in SBCWP No.5108/2019 on 05.04.2019 and
thereafter on 25.07.2019. The petitioner has also prayed that he
may be allowed to appear in the final year examination of diploma
course.
The petitioner has preferred SBCWP No.5108/2019 being
aggrieved with the order-cum-communication dated 14.02.2019
(2 of 3) [CW-13318/2020]
passed by the Rajasthan Para Medical Council, Jaipur whereby the
application filed by the petitioner for enrolling him with the
Rajasthan Para Medical Council, was rejected. In the above
referred writ petition, this Court on 05.04.2019 while issuing
notices to the respondents had granted interim stay order to the
effect that the petitioner shall be permitted to fill the examination
form provisionally. Thereafter on 27.05.2019 in furtherance of the
interim order dated 05.04.2019, this Court directed the
respondents to allow the petitioner to appear in the examination
of the first year examination of the above referred course,
however, the Court had directed that result of the petitioner may
not be declared without permission of the Court. In SBCWP
No.5108/2019, reply on behalf of the Rajasthan Para Medical
Council was filed, in which it was explained that the admission of
the petitioner in the respondent college was cancelled on
25.10.2018 at the request of the petitioner himself and in the
absence of his admission in any college, the Rajasthan Para
Medical Council has rightly refused to enroll the petitioner.
Taking into consideration the above fact, a Coordinate Bench
of this Court had vacated the interim orders dated 05.04.2019 and
27.05.2019 vide order dated 19.12.2019 while forming prima facie
opinion that the petitioner had misled not only the Para Medical
Council but also this Court.
Having taken into consideration the fact that the petitioner
appeared in the first year diploma course pursuant to the interim
stay orders passed by this Court on 05.04.2019 and 27.05.2019,
however, when those interim orders have already been vacated on
19.12.2019 the relief prayed for in this writ petition by the
petitioner to direct the respondents to declare the result of first
(3 of 3) [CW-13318/2020]
year diploma course and to allow him to appear in final year
examination of the diploma course cannot be granted.
Resultantly, this writ petition is dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI),J
24-akash/-
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