Uttarakhand High Court
6 August vs State Of Uttarakhand & Others on 6 August, 2025
2025:UHC:6910-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Service Bench No. 463 of 2021
06 August, 2025
Praveen Singh Dhami --Petitioner
Versus
State of Uttarakhand & others --Respondents
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Presence:-
There is no representation for the petitioner.
Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State
of Uttarakhand.
Mr. Shivam Raturi, Advocate, holding brief of Mr. Shailendra Nauriyal,
Advocate for respondent no. 3.
Mr. Gaurav Nagpal, Advocate, holding brief of Mr. Ramji Srivastava,
Advocate for respondent no. 4.
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JUDGMENT
Petitioner possesses B.Sc. (Medical
Laboratory Technology) degree, issued by Vinayaka
Mission University, Tamil Nadu, which according to him
is recognized by Distance Education Council. He applied
for registration with Uttarakhand Paramedical Council.
He, however, was denied registration on the ground
that the B.Sc. (MLT) degree possessed by him is not
recognized by Uttarakhand Government.
2. Due to non-registration with Uttarakhand
Paramedical Council, he is not eligible for appointment
under the State. Thus, feeling aggrieved, petitioner has
challenged Regulation 18 (5) of the Regulations framed
under Uttarakhand Paramedical Council Act, 2009 to
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the extent it debars persons, who obtained Paramedical
qualification from institutions not recognized by State
of Uttarakhand.
3. It is contended that the condition mentioned
in Regulation 18(5) is violative of Article 14 of the
Constitution; all citizens of India have equal
opportunity in matters of public employment and
geographical based criteria for registration has no
co-relation with the object sought to be achieved. It is
further contended that residence based discrimination
in matters of public employment is violative of Article
16 of the Constitution and such condition has no nexus
with the object sought to be achieved.
4. Uttarakhand Paramedical Council was
established under Section 3 of Uttarakhand Paramedical
Council Act, 2009. The impugned condition is specified
in the Regulations framed under Section 45 of the said
Act.
5. Section 45 (2) (f) provides that Regulations
may lay down the minimum standard of education for
recognizing a qualification under Section 20 & 21 of the
Act. Section 20 (1) of the Act provides that the State
Government, after consultation with the Council, by
notification, shall recognize a degree/diploma awarded
by a University or Institution for the purposes of the
Act. Section 20(2) of the Act provides that such
Universities or Institutions, whose degree/diploma is
not recognized in sub-section (1), may move
representation before the State Government, for
reviewing its decision, however, the State Government
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can reject such representation for the reasons to be
recorded. Sub-section (3) of Section 20 provides that
the State Government, after consultation with the
Council, by notification, grant relaxation to such
persons in the matter of educational qualification, who
were practicing as paramedical professional, before the
date of enforcement of the Act. Section 21 of the Act
provides that the Council by Regulations may
determine the minimum standards for grant of
recognition to Universities and Institutions.
6. The documents enclosed with the writ
petition reveal that petitioner passed B.Sc. (MLT)
course in December, 2016; while, the Uttarakhand
Paramedical Council Act was enforced on 20.07.2009,
therefore, petitioner is not protected by Section 20 (3)
of the Act. The University, which awarded B.Sc. (MLT)
degree to petitioner is not recognized by Uttarakhand
Medical Council.
7. Conjoint reading of sub-section (1) & (2) of
Section 20 revels that every degree / diploma has to be
recognized by the State Government and if a
University/Institute is left out from being recognized,
then such University / Institute can request the State
Government to review its decision and for grant of
recognition.
8. It is not the case of petitioner that the
University, which awarded degree, invoked sub-section
(2) of Section 20 of the Act for seeking review of the
determination made by the State Government. From
the Scheme of the Act, it is revealed that a
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person, who is possessed of a degree / diploma from a
University / Institute, recognized by the State
Government, alone is entitled to the benefits under the
said Act.
9. Since the degree possessed by petitioner is
from a unrecognized Institution, therefore, he does not
have a vested right to be registered with Uttarakhand
Medical Council. The Regulations are framed under
Uttarakhand Paramedical Council Act, 2009. The
Regulations could have been challenged if they were
contrary to the parent Act. It is not the case here.
Therefore, challenge thrown by petitioner to Regulation
18 (5) is unsustainable.
10. Thus, the writ petition fails and is dismissed.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
06.08.2025
Navin
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CHANDRA
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CHANDRA
Date: 2025.08.08 17:48:38 +05'30'
