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2022 Supreme(Raj) 599

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, J.
Mahendra S/o Shri Bhanwar Lal – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition Nos. 1129, 1205, 1548 of 2022, S.B. Civil Writ Petition Nos. 3054, 3891, 3914, 4104, 4412 of 2021
Decided On : 27-05-2022

Advocates appeared:
For the Petitioners: Mr. Manoj Bhandari, Mr. Mohit Choudhary, Mr. Govind Suthar, Mr. Yashpal Khileree, Mr. Hapu Ram Bishnoi. Mr. Vigyan Shah, Mr. Nishant Bora.
For the Respondents: Mr. K.S. Rajpurohit, Mr. Rajat Arora, Mr. Shreyansh Mehta, Mr. Deepsesh Singh Beniwal, Mr. Vinit Sanadhya, Mr. Manvendra Singh Bhati.

Headnote:

Constitution of India,1950 – Article 226 - Rajasthan Para-Medical Council Act, 2008 - Section 6, 20(2),25,26,32 - Rajasthan Medical and Health Subordinate Service Rules, 1965 – Power of High Court to issue Certain Writs – Publication of names of president, vice-president – Appeals from orders and decisions of registrar – Appeals from orders of council - Qualification granted outside territories to which this Act extends - Whether course conducted by University or institution from which a candidate has obtained diploma or degree conforms to requisite yardsticks set for expertise or knowledge, no fishing or roving inquiry about the University or Institution is permissible – Held, So far as issue of availability of alternative remedy is concerned, appeal under Section 25 of Act, 2008 lies against decision of Registrar to the Council, whereas, in present cases, order itself has been passed by Council. Further, even appeal under Section 26 from orders of Council is confined to orders passed under Section 20(2) and appellate orders under Section 25, under which provision orders impugned do not fall, as such, plea of alternative remedy, as raised also has no substance – Petitions allowed.

ORDER :

1. These writ petitions have been filed by the petitioners in two batches. The earlier batch of writ petitions were filed in the year 2021 and during the pendency of said writ petitions, orders were passed by the respondent-Rajasthan Para-Medical Council leading to filing of writ petitions being SBCWP No. 1205/2022, 1129/2022 and 1548/2022.

2. As the issues involved in all the writ petitions are same, they are being decided by this common order. However, as the subsequent writ petitions take into consideration the facts of earlier litigation and the orders passed therein, the facts and submissions made in the petitions filed in 2022 are being considered and illustratively the facts of SBCWP No. 1205/2022 Mahendra vs. State of Rajasthan and Others, have been indicated for the purpose of disposal of present writ petitions.

3. These writ petitions have been filed by the petitioners inter-alia aggrieved by the office order dated 27.8.2021 (Annex.21), minutes of meeting dated 13.8.2021 and the committee report dated 4.8.2021 (Annex.20) and have sought their quashing with consequential benefits and also sought direction to grant them registration certificates making them eligible for appointment on the post of ECG Technician pursuant to the advertisement dated 30.7.2020.

4. Further relief has been sought against the respondent-Rajasthan Para-Medical Council to accept the registration forms and to revive the registration certificates issued to the petitioners.

5. The issues which arise in these petitions have a bit of chequered history.

6. An advertisement dated 30.7.2020 (Annex.2) was issued by the Selection Board for the post of ECG Technician for the Para Medical Category under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (‘the Rules 1965’). The eligibility inter-alia required Senior Secondary in Science with two years’ Diploma of ECG Technician from the institute recognized by the State Government/Central Government/Rajasthan Para Medical Council and registered in Para Medical Council.

7. The advertisement by way of Note further provided that a candidate, on the last date of application, must be registered with the Rajasthan Para-Medical Council (‘the Council’). However, in terms of the decision of the High Court in CWP No. 13299/2017, Manju vs. State of Rajasthan, in case till the last date of application, a candidate is not registered, an application seeking registration before the Council should be filed and certificate of registration should be produced at the time of document verification.

8. The petitioners applied for registration with the Council inter-alia on the strength of having passed 2 year Diploma course in ECG Technology from Mahatama Gandhi University, Meghalaya (‘the University’) and whereafter, applied pursuant to the advertisement for the post of ECG Technician.

9. It appears that pursuant to the application forms submitted by the petitioners, the Council sent a letter to the University and sought certain information, which was replied on 10.10.2020 inter-alia indicating that the University was established vide Meghalaya Act No. 6 of 2011 and that the paramedical programmes are running since 2011. It is claimed that the petitioners applied to the University for issuance of NOC, which was responded by indicating that as there was no Para-Medical Council in the State of Meghalaya, the NOC cannot be issued.

10. The Selection Board declared the result and called the eligible candidates including the petitioners for document verification. However, the respondent Council rejected the applications submitted by the petitioners for registration and refused to grant registration by order dated 6.1.2021 (Annex.9), resulting in petitioners held ineligible during the course of document verification.

11. Due to non-issuance of registration certificate by the Council, the petitioners filed CWP No. 3054/2



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