Uttarakhand High Court
WPMS/3058/2019 on 30 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 30TH DAY OF JULY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 3058 of 2019
BETWEEN:
Ashish Dhiman & others. ...Petitioners
(By Mr. Kurban Ali, Advocate)
AND:
State of Uttarakhand & others. ....Respondents
(By Mr. Manoj Kumar, Standing Counsel for the Union of
India/respondent no. 1, Mr. T.S. Phartiyal & Mr. G.S. Negi, Addl.
C.S.C. for the State of Uttarakhand/respondent nos. 2 & 3 and
Mr. Atul Bahuguna, Advocate for respondent no. 4)
JUDGMENT
Heard learned counsel for the parties
through video conferencing.
2. Petitioners pursued Radiologist/X-ray
Technician Course from Government I.T.I. Doiwala,
Dehradun and, upon successful completion of the
course, certificates were issued to them. Petitioners
approached Uttarakhand State Medical Faculty for
registration of the said qualification.
3. Since Uttarakhand State Medical Faculty
was not registering petitioners' qualification,
therefore, they filed Writ Petition (M/S) No. 1949 of
2013, which was allowed vide order dated
06.09.2017 and the Competent Authority was
directed to register name of the petitioners within
three weeks. The said judgment was challenged by
Secretary, Uttarakhand State Medical Faculty by filing
Special Appeal No. 1024 of 2017.
4. A Division Bench of this Court vide
judgment dated 25.03.2019 modified the judgment
rendered by Writ Court and directed the State Medical
Faculty to consider registering the name of the
petitioners as Radiology Technicians in terms of the
certificates issued in their favour by Government
I.T.I. Doiwala. In compliance of the judgment
rendered by Division Bench of this Court, the
Secretary, State Medical Faculty considered the case
of the petitioners for registration of their names as
Radiology Technicians and rejected their claim vide
order dated 20.06.2019. Thus, feeling aggrieved,
petitioners have again approached this Court seeking
the following reliefs:-
"(I) Issue a writ order or direction in the nature
of Certiorari quashing the impugned orders
dated 20th of June 2019 (Annexure no. 2) by
which decline to register the names of the
petitioners with State medical faculty.
(II) Issue a writ in the nature of mandamus
commanding and directing to the respondents
authorities to permit the petitioner to serve/work
as radiologist/x-ray technician in Govt. or other
department/institutions without being registered
with state Medical faculty."
5. In the rejection order dated 20.06.2019,
it has been stated that Government I.T.I. Doiwala
was not recognized for running the course and it had
started Radiology Technician course without any
authority of law and Uttarakhand State Medical
Faculty had issued one letter dated 24.02.2009
asking Government I.T.I. Doiwala not to run such
course. It is further stated that Uttarkhand State
Medical Faculty alone is entitled to run paramedical
courses in Uttarakhand under Medical Faculty Rules,
1926 and further that Government I.T.I. Doiwala had
not followed the syllabus fixed by Uttarakhand State
Medical Faculty.
6. Mr. Kurban Ali, learned counsel appearing
for the petitioners submits that the course undergone
by the petitioners is recognized by State Council for
Vocational Training and furthermore the said course
was conducted by a Government I.T.I., therefore,
Uttarakhand State Medical Faculty, being a
government body, cannot decline to register the
qualification obtained by the petitioners from a
government institution.
7. Mr. Atul Bahuguna, learned counsel
appearing for respondent no. 4 has placed reliance
upon Indian Medical Degrees Act, 1916. The said Act
was enacted to regulate the grant of titles implying
qualifications in Western Medical Science. Section 3
of the said Act confers the right of conferring or
issuing degrees, diplomas, licences, certificates etc.
only to the authorities specified in the schedule or to
such other authority as the State Government by
notification authorize. Grant of degrees, certificates
etc. by any other person is thus barred.
8. In exercise of power under Section 3 of
the aforesaid Act, the Governor-General in Council
authorized U.P. State Medical Faculty to confer, grant
or issue, diplomas, license, certificates etc. in
Western Medical Science, vide notification dated
16.12.1926.
9. Mr. Atul Bahuguna has also referred to
the Rules under which "U.P. State Medical Faculty"
was established. Rule 13 of the said Rules is
reproduced below:-
"B. A recognized institution for the purpose of
the rules framed under these rules will be an
institution recognized by the Uttar Pradesh State
Medical Faculty."
10. Mr. Atul Bahuguna, learned counsel
appearing for Uttarakhand State Medical Faculty
further submits that the aforesaid Rules of 1926 have
been made applicable in State of Uttarakhand by
Adaptation & Modification order dated 07.11.2002.
He has also placed reliance upon another notification
dated 07.11.2002, which provides that
instructions/training to students admitted in
Radiography (X-Ray Technician), Radiological
Technician and Laboratory Technician courses shall
be given in recognized Medical Colleges of the State
in conjunction with Government Hospital,
Dehradun/Base Hospital, Haldwani. Based on the
aforesaid document, learned counsel for respondent
no. 4 submits that since the institution, from where
petitioners have obtained Radiology Technician
Certificate, is not recognized by Uttarakhand State
Medical Faculty, therefore, the petitioners'
qualification cannot be registered by respondent no.
4.
11. Learned counsel for respondent no. 4 has
further referred to the Policy issued by the
Uttarakhand Government on 12.03.2003 for grant of
Diploma in Para Medical Courses. Paragraph no. 2(2)
of the said Policy provides that 'No Objection
Certificate' by the State Medical Faculty would be
issued to an institution for imparting instructions in
Paramedical Courses only when such institution fulfills
the laid down norms regarding land, building,
financial management, hospital etc. He further
submits that institution, from which petitioners have
obtained Certificate in Radiology Technician, has
neither obtained 'No Objection Certificate' from
Uttarakhand State Medical Faculty for running the
course nor Uttarakhand Medical Faculty has
recognized the said course, therefore, the
qualification obtained by petitioners cannot be
registered by Uttarakhand State Medical Faculty.
12. Learned counsel for the petitioners
submits that the institution, from where petitioners
have obtained Radiology Technician Certificate, is
recognized by State Council for Vocational Training
and the said institution is run by the State
Government, therefore, respondent no. 4 cannot
decline to register petitioners' qualification.
13. The said submission made on behalf of
the petitioners cannot be accepted. State Council for
Vocational Training deals with technical courses;
while, recognition to Para Medical Courses is dealt
with by the Authorities created under Indian Medical
Degrees Act, 1916 and the Rules framed thereunder.
Thus, merely because the course pursued by the
petitioners is recognized by State Council for
Vocational Training will not entitle them to get their
names registered with Uttarakhand State Medical
Faculty, which has been established under the Rules
framed under Indian Medical Degrees Act, 1916.
14. Since the institution, from where
petitioners obtained Radiology Technician Certificate,
was neither given 'No Objection Certificate' by
Uttarakhand State Medical Faculty nor it is
recognized by Uttarakhand State Medical Faculty,
therefore, no mandamus can be issued to
Uttarakhand State Medical Faculty to register the
qualification of the petitioners.
15. Accordingly, the writ petition fails and is
dismissed.
16. There will be no order as to costs.
(MANOJ KUMAR TIWARI, J.)
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