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2023 Supreme(Raj) 1118

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Sunl Vishnoi S/o Sh. Hari Ram – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 9397 of 2023
Decided on : 12-12-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Hapu Ram Vishnoi
For the Respondent: Mr. K.S. Rajpurohit, a/w Mr. Rajat Arora & Mr. Lucky RapurohMr. Bhavit Sharma

Headnote:

Registration Certificate - Assistant Radiographer - Rajasthan Para Medical Council Act, 2008 - Summary: The court considered the delay in issuing the registration certificate to the petitioners and the impact on their eligibility for the post of Assistant Radiographer. The court referred to relevant legal provisions and precedent law to conclude that the delay caused by the respondent-Council was unjustified and directed the respondents to allow the petitioners to participate in the examination and further process based on the registration certificate issued in July 2023.

Fact of the Case:

The petitioners completed a Diploma Course in X-Ray Radiographer Technician and applied for a registration certificate before the Rajasthan Para Medical Council. The council delayed issuing the certificate, which affected the petitioners' eligibility for a job post.

Finding of the Court:

The court found that the delay in issuing the registration certificate by the respondent-Council was unjustified and resulted in the petitioners' inability to meet the application requirements for the job post.

Issues: The main issue was the delay in issuing the registration certificate by the respondent-Council and its impact on the petitioners' eligibility for the job post.

Ratio Decidendi: The court applied the precedent law to establish that the delay caused by the respondent-Council was unjustified and the petitioners should not be penalized for the council's delay.

Final Decision: The court allowed the petition and directed the respondents to allow the petitioners to participate in the examination and further process based on the registration certificate issued in July 2023.

JUDGMENT :

1. This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

    “In the light of facts stated above and the grounds mentioned therein, it is, therefore, most humbly prayed :

1. That by an appropriate writ, order or direction the instant writ petition may kindly be ordered to be allowed;

2. That by an appropriate writ, order or direction, the respondent may kindly be directed to consider the candidature of the petitioners for the post of Assistant Radiographer in pursuant to advertisement dated 31.05.2023 (Annexure-10).

3. That by an appropriate writ, order or direction the respondent may kindly be directed not to reject the application of the petitioners for the post of post of Assistant Radiographer in pursuant to advertisement dated 31.05.2023 (Annexure-10) on account of don’t having the registration certificate (Annexure-13) till the last date of submission the application form i.e., 30.06.2023.

4. That by an appropriate writ, order or direction that the condition for requiring the registration certificate prior to last date of submission the application form may kindly be quashed and set aside and the petitioner may kindly be allowed to make correction in the application form regarding their application form.

5. That by an appropriate writ, order or direction that the registration certificate of the petitioners may kindly be treated as valid prior to last date of submission of the application form i.e., 30.06.2023 and the humble petitioner may kindly be treated an eligible in pursuant to advertisement dated 31.05.2023 (Annexure-10) for the post of Assistant Radiographer.

6. That by an appropriate writ, order or direction the respondent RPMC may kindly be directed to issue the registration certificate prior to last of the submission of the application i.e., 30.06.2023 or the registration certificate may kindly be valid in the present requirement.

7. That by an appropriate writ, order or direction the respondent may kindly be directed to accept the application form for the post of Assistant Radiographer in pursuant to advertisement dated 31.05.2023 (Annex-10) without instating registration certificate.

8. That by an appropriate writ, order or direction the respondent may kindly be directed not to reject the application form of the petitioners for the post of Assistant Radiographer in pursuant to Advertisement dated 31.05.2023 (Annex-10) on account of having registration certificate.

9. That by an appropriate writ, order or direction the condition with respect to registration certificate with the Rajasthan Para Medical Council till submitting the online application form pursuant to advertainment dated 31.05.2023 (Annex-10) may kindly be quashed and set aside and if the petitioners are found successful then appointment may kindly be given to them on the post of Assistant Radiographer.

10. That by any other appropriate writ, order or direction, which this Hon’ble Court may deem it just and proper in the facts and circumstance of the case, may kindly be issued.

11. Costs of this writ petition may kindly be awarded in favour of petitioner.”

2. Brief facts of the case, as placed before by learned counsel for the petitioners, are that the petitioners passed the Two Years’ Diploma Course in X-Ray Radiographer Technician from Mansarovar Global University, Sehore, Madhya Pradesh in the year 2022.

2.1. Thereafter, the petitioners have applied for issuance of the registration certificate before the MP Para Medical Council; the said application was accepted resulting into issuance of the necessary registration certificate and the No Objection Certificate (NOC). The petitioners then filed an application along with NOC before the respondent-Rajasthan Para Medical Council (hereinafter referred to as ‘Council’) for issuance of the requisite registration certificate.

2.2 Thereafter, the petitioners approached before the MP Para Medical Council for cancellation of the earlier registration and sent

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