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2011 Supreme(Raj) 549
[Citation : 2011(4) RLW 3493 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Kuldeep Shukla Vs. State of Rajasthan & Ors. (Rafiq, J.)
HON'BLE MOHAMMAD RAFIQ, J.
Kuldeep Shukla
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition No. 10826 of 2008 and 9 Others, decided on 30.05.2011
Dr. P.C. Jain, Rajeev Surana, Hari Kishan Sharma, Tanveer Ahmed, R.D.S. Naruka, Govind Gupta, Vijay Yadav and Rinesh Gupta, for Petitioners;
S.C. Purohit, Additional Government Counsel and Dr. Vibhuti Bhushan Sharma, Additional Government Counsel, for Respondent-State
Headnote:Rajasthan Rural Medical and Health Subordinate Service Rules, 2008, Schedule VII; Rajasthan Para Medical Council Act, 2008, Secs. 4, 32 — Meaning and scope of word 'Technical Education' — Eligibility qualification for the post of Assistant Radiographer (Rural) — The Diploma in Medical Technology obtained by petitioners was not treated as recognized though they were obtained from the institutions recognized by the State Govt. and Indian Medical Association — Held — The institutions were required to be recognized by or affiliated with the Board of Technical Education, Jodhpur — I.M.A. is not competent to approve any hospital to impart training in diploma courses like Medical Technology — Govt. of India's letter dated 31.7.1987 lost its efficacy after the Act of 2008 was enacted — Absence of regulatory body — Directed to constitute Rajasthan Paramedical Council as per Sec. 4 of the Act of 2008 for deciding the matter of recognition of qualifications held by petitioners. (Paras 13 to 18)
Writ petitions disposed of.
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2. All the petitioners applied for appointment on the post of Assistant Radiographer (Rural) pursuant to the advertisement dated 2.7.2008. They are aggrieved by the action of the respondents in not treating the diploma held by them from different institutions as recognized. Petitioners have therefore approached this Court with the prayer to declare action of the respondents illegal and direct them to consider them eligible and accordingly grant them appointment on the basis of their merit.
3. Petitioners in S.B. Civil Writ Petition Nos. 10826/2008, 10825/2008, 10827/2008 and 10873/2008 have obtained Diploma in Medical Technology (X-ray and Imaging) Examination, which is of the duration of 18 months. They studied the diploma course with Santokba Durlabhji Memorial Hospital, Jaipur and have been awarded certificate thereafter by the Indian Medical Association, New Delhi.
4. Grievance of the petitioners in S.B. Civil Writ Petition Nos. 10681/2008, 10941/2008 and 10942/2008 is hat they are being illegally deprived of consideration for appointment. Their diplomas have wrongly been treated as not recognized by the State Government. They were admitted to National Institute of Paramedical Jaipur for diploma course of X-ray Vision in the year 2006. Petitioners were selected for admission by the Board of Technical Education to which it was affiliated. Subsequently however, due to Act passed by the Rajasthan State Legislative Assembly, NIMS University was declared as independent University vide notification of the government dated 29.3.2008. Therefore, they studied for the academic year 2007-08 in the said institution as affiliated to NIMS University. Their diploma certificates have wrongly been treated to be not recognized by the State Government.
5. It is argued that IMA is an autonomous body. It has been recognized by the Central Government, Delhi NCR State Government and Escort Heart Institute, New Delhi. Certificate issued to this effect by the In-charge of the Medical Technology (X-Ray) / Laboratory dated 24.10.2008 has been produced. Students of NIMS institute, who are undergoing study course is different subjects like B.Sc. MBBS, D. Pharma etc. were permitted to pursue their studies with that institution but they were permitted and to appear in examination conducted by the University of Rajasthan to which NIMS institution was earlier affiliated. Petitioners had to continue their studies with NIMS University because after its being declared as an independent University, it could not have thereafter remained affiliated to the Board of Technical Education, Rajasthan. It is argued that NIMS Paramedical College was initially recognized by the All India Council for Technical education with the intake of 60 students in the year 2005-06. This approval was extended for the next academic years 2006-07, 2007-08, 2008-09 and 2009-10. Approval letters dated 26.6.2005, 17.7.2005, 5.6.2007, 17.6.2008 and 12.3.2009 for those years respectively have been produced for perusal of the Court. Letters have been addressed to the Principal Secretary, Department of Technical Education, Government of Rajasthan, Jaipur by the Regional Officer of the AICTE North Western Regional Office at Chandigarh. Learned counsel has cited he order of the State Government showing affiliation of the NIMS University of Paramedical Technology for various technical subjects including Medical Lab Technician for the year 2006-07 to the Board of Technical Education.
6. In S.B. Civil Writ Petition Nos. 10737/2008 and 10999/2008, petitioners have come out with the grievance that they obtained vocational certificate in Advance Imaging and Special DIAG Procedures Regional Radiography and Contract Media Radiation Physics, Dark Room Layout and Practices Radiography Human Anatomy and Physiology from the National Institute of Open Schooling, Government o
