Rajasthan High Court - Jodhpur
Getwell Hospital And Research ... vs State Of Rajasthan on 12 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5815/2022
Getwell Hospital And Research Center, Through Its Principal
Bhanwar Lal Ranwa S/o Ishwar Ram Ranwa, Age - 54 Years,
Resident Of Opp. S.k. School, Sikar.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Joint Secretary, Medical
And Health Department, Group 3, Government Of
Rajasthan, Secretariat, Jaipur.
2. Rajasthan Paramedical Council, Jaipur, Through Its
Registrar, C 7(A), Sultan House, Sawai Jai Singh Highway,
Banipark, Jaipur.
3. Private Physiotherapy, Nursing And Para Medical
Institutions Society, Branch Office Jodhpur, Through Its
Secretary, Plot No. 273, Subhash Nagar, Pal Road,
Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Shreyansh Mardia
For Respondent(s) : Mr. Manish Vyas, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/05/2022
This writ petition is filed by the petitioner-institution with a
prayer to quash and set aside the order dated 27.08.2021 passed
by the Rajasthan Paramedical Council and the order dated
30.03.2022 passed by the Joint Secretary, Medical and Health
Department whereby, the appeal filed by the petitioner-institution
has been dismissed as being time barred.
The petitioner-institution is running three courses i.e.
Diploma in Medical Laboratory Technology; Diploma in Radiation
Technology and Diploma in Blood Bank Technology with an intake
(2 of 3)
capacity of 25 seats in each diploma course. The petitioner-
institution has applied for enhancement of the seats in each
diploma course up to 50 seats.
The respondents vide order dated 09.07.2021 asked the
petitioner-institution to furnish certain documents, which as per
learned counsel for the petitioner-institution has been furnished,
however, the application for enhancement of seats has been
rejected by the Rajasthan Paramedical Council vide order dated
27.08.2021 on the ground that the petitioner-institution has not
produced the renewed clinical establishment registration certificate
and has also not provided details regarding IPD and OPD test with
patient-wise details.
Learned counsel for the petitioner-institution has further
submitted that immediately after receipt of the order dated
27.08.2021, it has submitted the representation with a contention
that the clinical establishment registration certificate and details of
IPD and OPD test have neither summoned nor required by the
Rajasthan Paramedical Council, Jaipur at any point of time,
however, along with the said representation, the required
documents have already been furnished by the petitioner-
institution.
The petitioner-institution has, thereafter, preferred an appeal
before the Joint Secretary, Medical and Health Department
(respondent No.1), however, the said appeal was dismissed as
being time barred by the impugned order dated 30.03.2022.
It is true that the petitioner-institution has filed appeal with a
delay but taking into consideration the fact that the Hon'ble
Supreme Court in Misc. Appl. No.665/2021 in SB (C)
No.3/2020 rendered in Re: Cognizance for Extension of
(3 of 3)
Limitation passed in Suo Moto Writ Petition (Civil)
No.3/2020 has already extended the period of limitation up to
28.02.2022, I deem it appropriate to dispose of this writ petition
with a direction to the respondent No.1 - Joint Secretary, Medical
and Health Department to decide the appeal (Annexure-7)
preferred on behalf of the petitioner-institution on merits within a
period of one week from the date of receipt of certified copy of
this order by a speaking order.
Stay petition stands disposed of.
(VIJAY BISHNOI),J
131-Ajaysingh/-
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