Manish Kumar S/O Shri Phool Chand ... vs Rajasthan Para Medical Counsel ...
2023 Latest Caselaw 1930 Raj/2

[2023/RJJP/002305]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1730/2023

Manish Kumar S/o Shri Phool Chand Kuri, Aged About 24 Years,
R/o Dhani Chouhdharyo Ki, Village And Post Bassi, Tehsil
Khandela, District Sikar.
                                                                    ----Petitioner
                                    Versus
1.       Rajasthan Para Medical Counsel, Through Its Registrar, C-
         7, Sultan House, 2 And 3 Floor, Sawai Jai Singh Highway,
         Jaipur.
2.       The Controller Of Examination, Rajasthan Para Medical
         Counsel, C-7, Sultan House, 2 And 3 Floor, Sawai Jai
         Singh Highway, Jaipur.
3.       Shri Munshiram Mittal Memorial Para Medical Institute,
         Sikar Through Its Principal.
                                                                 ----Respondents

For Petitioner(s) : Mr. Om Prakash Kharra. For Respondent(s) : Mr. Bharat Saini, AGC.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

09/02/2023

Instant writ petition has been filed by the petitioner with the

following prayers:-

It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ of mandamus, order or direction in nature thereof:

i) The respondents may kindly be directed to accept the online application form of the petitioner for subject Biochemistry (Subject Code 8015) manually or with hardcopy for Diploma in Medical Laboratory Technology (DMLT) (8015- Biochemistry) in Part-II Exam January-2023 due paper of year 2016-17 by further granting him permission to appear in the Examination of the said subject as per Programmed of Examination declared by the respondent no. 1 vide its letter dated 18.01.2023 and

[2023/RJJP/002305] (2 of 2) [CW-1730/2023]

21.01.2023 and if the petitioner is otherwise qualify the exam of Diploma in Medical Laboratory Technology (DMLT) (8015 - Biochemistry) in Part-II.

ii) Any other order which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioner along with cost of writ petition."

Counsel for the petitioner submits that one mercy chance be given to the petitioner to write the exam for Diploma in Medical Laboratory.

In support of his contention, counsel for the petitioner relied upon the judgment passed by the Co-ordinate Bench of this Court in the matter of Manoj Meghvanshi Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.1001/2018) decided on 19.01.2018.

Counsel for the respondents submits that the petitioner has already availed four chances to sit in the examination of Diploma in Medical Laboratory and as per the regulation of the respondents, the Rajasthan Para Medical Council only four chances allowed to sit in the subject examination.

In support of his contention, counsel relied upon the judgment passed by Division Bench of this Court in the matter of Devendra Kumar Rajoria Vs. State of Rajasthan & Ors. (D.B. Special Appeal No.1219/2022) decided on 16.11.2022, wherein it has been held that the extra chance for writing the exam cannot be given to the students contrary to the provisions of regulations/rules.

In that view of the matter, no case is made out for interference by this Court under Article 226 of the Constitution of India.

Hence, the present writ petition stands dismissed.

(INDERJEET SINGH),J

MG/122

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