Rajasthan High Court - Jodhpur

Umesh Meena vs State Of Rajasthan And Ors on 5 July, 2022

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3460/2017

Umesh Meena S/o Shri Hari Ram Meena, aged 20 years, Resident Of Village Jeera Post Bihada, Tehsil - Jahazpur, District Bhilwara Raj.

----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, Kishan Bhawan, Lal Kothi, Jaipur.

3. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar.

4. Krishna College Of Life Sciences, Near Krishna Hospital, R.c. Vyas Colony, Devriya Balaji Road, Bhilwara, Through Its Principal.

                                                                ----Respondents


For Petitioner(s)         :    Mr. DK Godara
For Respondent(s)         :    Mr. Bhavit Sharma
                               Mr. Mahendra Vishnoi



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                    Order

05/07/2022

     Heard learned counsel for the parties.

Brief facts giving rise to the present writ petition are that the

petitioner after having passed Senior Secondary Examination with

57.49% applied for admission in the Diploma in Medical

Laboratory Technology (DMLT), one of the courses conducted by

the Rajasthan Para Medical Council, Jaipur, for the Session

2015-16, in pursuance of the Notification dated 18.12.2015

(Annex. 2). The petitioner being found eligible in the counseling by

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the respondents, was allotted admission to undertake Diploma in

Medical Laboratory Technology from the respondent No. 4 -

Krishna College of Life Sciences, Bhilwara. In pursuance of the

allotment of the college, the petitioner started his studies.

While the petitioner was undergoing the course at

respondent No. 4-College, the Principal of College received order-

cum-communication dated 21.02.2017 whereby, the enrollment of

the petitioner was denied. Pursuant to this order-cum-

communication dated 21.02.2017, the petitioner was not allowed

to sit in the examination and, therefore, the writ petition was

preferred by him and by the interim order granted by this Court,

he was allowed to undertake the examinations. In these

circumstances, the petitioner has prayed that the order-cum-

communication dated 21.02.2017 (Annex.5) may be quashed and

set aside.

Learned counsel for the petitioner submits that the petitioner

is holding a Senior Secondary Certificate with Agriculture, Biology

and Chemistry as main subjects and he is fully eligible for doing

Diploma in Medical Laboratory Technology. He further submits that

after counseling, the petitioner was successfully allotted the

respondent No. 4 - College and after having undergone the

studies in DMLT, the respondents cannot reject his candidature for

not holding the requisite subjects in the Senior Secondary

Examination. Learned counsel for the petitioner submits that in

the identical situation, the Jaipur Bench of this Court vide order

dated 04.10.2021 allowed S.B. Writ Misc. Application No. 08/2021

(Avneesh Sharma Vs. State of Rajasthan and Ors.) and has

treated the subject Agriculture as one of the Science subjects for

being eligible to undertake the course of DMLT. In the order dated

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04.10.2021, reliance has been placed on the judgment of Shyam

Lal Sharma Vs. State of Rajasthan & Ors. reported in 1994

(2) WLC 393.

Per contra, learned counsel for the respondents submits that

the petitioner is not eligible for undertaking the course of Diploma

in Medical Laboratory Technology (DMLT) as he is not holding the

requisite qualifications in accordance with Rule/Regulation 51 of

the Rajasthan Para-medical Council Regulations, 2014. Learned

counsel for the respondents is not in a position to controvert the

fact of the order having been passed in the case of Avneesh

Sharma Vs. State of Rajasthan and Ors. in S.B. Writ

Miscellaneous Application No. 08/2021 decided on

04.10.2021. However, learned counsel for the respondents

submits that the order dated 04.10.2021 was stayed by the

Hon'ble Division Bench vide order dated 30.06.2022 in D.B. Civil

Special Appeal (Writ) No. 603/2022 preferred by the Rajasthan

Para Medical Council.

I have considered the submissions made at the Bar and

perused the entire material placed before this Court.

The only controversy involved in the present case is that

whether the petitioner was eligible for being admitted in the Para-

medical Courses undertaken by the Rajasthan Para-medical

Council vide its advertisement dated 18.12.2015 or not.

Admittedly, the petitioner is holding Senior Secondary with

main subjects as Agriculture, Biology and Chemistry. The Rule

51(1) of the Rajasthan Para-medical Council Regulations, 2014,

which governs the field in the present case reads as under:-

"51. Eligibility criteria for admission:-

(1) The minimum qualification for

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admission to the Para-medical Diploma Courses shall be Senior Secondary (10+2) Science (including any sub category of science subject) with minimum 45 percent marks in aggregate. Minimum aggregate marks for the Candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Class or Special Backward Class shall be 40 percent. Allotment shall be made on the basis of marks obtained in 10+2 examination. Preference in admission shall be given to bonafide residents of Rajasthan."

A bare perusal of the Rule goes to show that a person who is

having Senior Secondary Science (10+2) with minimum 45%

marks aggregate is entitled for getting admission in the courses

enumerated in advertisement dated 18.12.2015. In pursuance of

the advertisement dated 18.12.2015, the petitioner applied for

Diploma in Medical Laboratory Technology, wherein the candidate

having the knowledge of Biology and Chemistry subjects will be

eligible and since the petitioner is holding the Senior Secondary

with 57.49% marks in subjects of Chemistry and Biology, he is

eligible to be enrolled in the Diploma in Medical Laboratory

Technology.

This Court is of the view that for undertaking the course of