Uttarakhand High Court
WPMS/2659/2019 on 21 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 21ST DAY OF JUNE, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 2659 of 2019
BETWEEN:
Dapic Paramedical Society & others .....Petitioners
(By Mr. Subhash Upadhyay, Advocate)
AND:
State of Uttarakhand & others .....Respondents
(By Mr. T.S. Phartiyal, Addl. C.S.C. for the State of
Uttarakhnd/respondent no. 1, Mr. Atul Bahuguna, Advocate for
respondent no. 2 & Mr. Shashank Upadhyay, Advocate for
respondent no. 4)
JUDGMENT
Heard learned counsel for the parties through
video conferencing.
2. Petitioner no. 1 is the Para Medical Society,
which runs a Para Medical College in Dehradun. The
students, who passed out from the college run by
petitioner no. 1, were denied registration by
Uttarakhand State Medical Faculty and the
representation made by petitioner no. 1 in terms of
order of this Court passed in Writ Petition (M/S) No.
761 of 2018, having been rejected by respondent no.
2, petitioner has approached this Court seeking the
following reliefs:
"a) To issue writ, order and direction in the nature of
certiorari to call for records and further to declare
section 20 and Section 25 of the Act as illegal,
arbitrary being violative Article 13(2), Article
19(1)(g) and Article 254 of the Constitution of India
and further to quash the order/letter dated
29.07.2017 and letter dated 09.02.2018 and letter
dated 20.02.2018 issued by respondent no. 2
whereby respondent no. 2 has directed the institute
to immediately stop the courses offered namely
Diploma in Lab Technician and Diploma in X-ray
Technician.
b) To issue writ, order and direction in nature of
certiorari to call for records and quash the order
dated 28.06.2019 passed by respondent no. 3.
and/or in alternative
c) To issue writ, order and direction in the nature of
mandamus directing to direct respondents no. 2 and
3 to register the name of the students of petitioner
no. 1 as well as petitioners no. 2 to 5 in the rolls
maintained by respondent no. 2."
3. Learned counsel for the petitioners has
drawn attention of this Court to an order passed by
Secretary, Medical Health & Family Welfare,
Uttarakhand on 18.09.2019, which is part of record as
Annexure No.-9 to the counter affidavit, filed on behalf
of respondent no. 1. In para 5 of the said order, it has
been stated that if petitioner-college makes application
for permission to run paramedical courses, then such
application shall be considered by the State
Government, in accordance with law.
4. In view of the said statement, as made in
para no. 5 of the order dated 18.09.2019 passed by
Secretary, Medical Health & Family Welfare,
Uttarakhand , Mr. Subhash Upadhyay, learned counsel
appearing for the petitioner seeks permission to
withdraw the writ petition with liberty to move
appropriate application to the State Government. He
further prays that a time frame may be fixed so that
the application of the petitioners may be decided
without any delay, in order to protect the interest of
the students studying in petitioners' college.
5. As prayed by Mr. Subhash Upadhyay,
learned counsel for the petitioners, the writ petition is
dismissed as withdrawn with liberty to the petitioners
to approach the State Government in terms of the
statement made in para no. 5 of the order dated
18.09.2019.
6. This Court hopes and expects that if
petitioners make an application for permission to run
the paramedical courses within two weeks from today,
decision thereupon shall be taken as early as possible,
but not later than eight weeks from the date of receipt
of such application along with certified copy of this
order.
(MANOJ KUMAR TIWARI, J.)
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