Uttarakhand High Court
WPMS/3307/2019 on 28 March, 2023
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WPMS No. 3307 of 2019
Hon'ble Manoj Kumar Tiwari, J.
No representation for the petitioner.
Mr. T.S. Fartiyal, learned Additional C.S.C.
for the State.
Mr. Shailendra Nauriyal, learned counsel for
respondent no. 2.
Petitioner possesses B.Sc. Medical Lab
Technology Degree from Manipal University. He
pursued the said Course from a institute situate in
State of Delhi, which is not recognized by
Uttarakhand Para Medical Council or State of
Uttarakhand. He applied for registration with
Uttarakhand Para Medical Council. His request for
registration of B.Sc. M.L.T. degree was turned down
by Uttarakhand Para Medical Council by holding that
the course pursued by him is outside the purview of
Para Medical Council Act, 2009, and the regulations
framed thereunder. Thus, feeling aggrieved,
petitioner filed this writ petition seeking following
reliefs:
1. "Issue a writ, order or direction in the nature
of Certiorari directing the respondent no. 2 to
quash the Patrank R-20/U.PARA.CHI.P/ 30/
2019/11481 dated 06th of July 2019.
(Annexure No. 3 to this Writ Petition)
2. Issue a writ order or direction in the nature of
Mandamus directing the Respondent No. 2 to
the register the degree of B.Sc. MLT of
petitioner issued by Manipal University with
Para Medical Council Uttarakhand."
There is no averment in the writ petition
regarding recognition, if any, granted by
Respondents to the institute, in which petitioner
pursued B.Sc. (M.L.T.) Course.
Learned counsel for Para Medical Council,
respondent no. 2 has placed reliance on a judgment
rendered by Coordinate Bench in Writ Petition (M/S)
No. 1087 of 2016 'Arun Singh Negi and Another vs.
State of Uttarakhand and Others'. Paragraph 18 and
19 of the said judgment are reproduced herein below:
"18. Section 21 of the Act provides that it is
absolutely the prerogative of the council to fix
the minimum qualification required and to
determine the eligibility of the qualification for the
purposes of meeting the objective of the Act to
enable the candidates to be registered with the
faculty as created in 2004. It grants the power to the
council to fix the minimum parameters to be
fulfilled by the institution imparting qualification of
B.Sc. (M.L.T.).
19. In the case at hand, there is another issue which
cropped up for consideration it pertains to the
eligibility of the qualification, which was acquired
by the private respondents for their registration with
the council, there is nothing on record brought by
the respondents to show that their respective
qualification, which they have acquired either from
the institutions, which are located in the State of
Uttar Pradesh, Rajasthan, Punjab and Delhi, whether
they were the institutions which was imparted by
the institutions which were recognized by the State
Government and the petitioners have also made
reference to one of the judgments rendered by the
Allahabad High Court in Writ Petition No. 11811
(M/B) of 2013, whereby, the Lucknow Bench of
Allahabad High Court has held that 16 the
qualification of B.Sc. (M.L.T.) as issued by the
Allahabad Agriculture Institute would not be treated
as to be recognized qualification for the purposes of
registration of the candidates in the U.P. State
Medical Faculty."
Based on the said judgment, learned counsel
Mr. Shailendra Nauriyal submits that since
Coordinate Bench has held that students, who have
pursued B.Sc. M.L.T. course from unrecognized
institutions situate in other states are not eligible for
registration of their degree with the Uttarakhand Para
Medical Council, therefore, the relief cannot be
granted to the petitioner.
This Court finds substance in the said
submission. Since, Coordinate Bench has taken a
view; therefore, this Court is bound by the view
taken by Coordinate Bench.
Thus, there is no scope for interference in the
matter.
Accordingly, the writ petition stands
dismissed.
(Manoj K.Tiwari, J.)
28.03.2023
PR/PN
