A State Government or its authority cannot restrict the running of a diploma course for the purpose of approval from the State Government, once the UGC has accorded its approval after proper inspection thereof.

JUDGMENT

Veerendr Singh Siradhana, J. - Aggrieved of the order dated 19th December, 2016, made by the respondent-Rajasthan Para Medical Council (for short, 'respondent-council'), the petitioner-NIMS University, Rajasthan, Jaipur (for short, 'petitioner-university'), has approached this court praying for the following reliefs:

"(i) Quash and set aside the impugned Office Order No. Peramedi co / 2016 /4454 dated 19.12.2016 (Annexure -1);

(ii) Declare the qualifications as awarded by the petitioner in Medical Lab Technology Courses as such as being recognized;

(iii) Any other relief, order or direction that this Hon'ble Court deems fit in the interest of equity, justice and good conscience."

2. Shorn off unnecessary details, the essential skeletal material facts which need to be note of for appreciation of the controversy raised are: that the petitioner-university was incorporated and came into existence in view of the enactment of NIMS University Rajasthan, Jaipur Act, 2008, with effect from 19th January, 2008. And the respondent-council was incorporated in terms of the Rajasthan Para Medical Council Act, 2008. The respondent-council vide impugned Office Order No. 4454 of 2016 dated 19th December, 2016, invalidated the qualification, awarded by the petitioner-university for diploma in paramedical courses and further, all pending applications and all previous registrations of the diploma holders have also been cancelled; leading to institution of the instant writ petition.

3. Mr. S.S. Hora, learned counsel for the petitioner contended that the petitioner-NIMS College of Para Medical Technology, was initially affiliated to Board of Technical Education, Jodhpur, as an independent college imparting education in Para Medical courses. Later on, it became a constituent college of the newly incorporated petitionerUniversity, incorporated in terms of section 3(2) read with Schedule I of the NIMS University Rajasthan, Jaipur Act, 2008. The petitioner-university was accorded approval by the University Grants Commission (for short, 'UGC') after due inspection, to award degrees/qualifications/diploma in the Para Medical courses and was covered with the status of a State Private University along with approval to run the said courses vide communications dated 3rd July, 2008 and 31st October, 2014. Further, communications between the respondentcouncil and the petitioner-university would reflect that the Diploma holders in Para Medical courses were recognized by the respondent-council. That apart, the respondent-council also took steps to register and recognize the Diploma holders in Para Medical Technology courses, even retrospectively.

4. Learned counsel would further contend that the petitioner's constituent college was approved to run the courses in Para Medical Technology by All India Council for Technical Education even before the incorporation of the petitioner-university and the documents for approval of running the said courses had already been placed on record. Therefore, the statutory council for according approval to run the said courses as such was the All India Council for Technical Education before the respondent-council came into existence. Thus, proper approvals were obtained from that statutory council. The respondent-council came into existence after enactment of the Rajasthan Para Medical Council Act, 2008, in the year 2008, although the respondent-council started functioning sometime in the mid of the year 2014. Thus, by no stretch of imagination it can be concluded that no approvals for running the said course were obtained by the petitioner- university. Be that as it may, the said course was also recognized by the State Government as would be evident from a glance of communication dated 19th August, 2009, issued by the Director, Technical Education to Additional Director, Medical & Health Services, which has also been placed on record.

5. Mr. Hora, further added that in the face of section 4 and 5(a) of the NIMS University Rajasth