IMPORTANT POINT
The court established that regulatory amendments cannot retroactively affect applications submitted prior to their enactment.

ORDER :

Dinesh Mehta, J.

1. By these writ petitions, the petitioners have approached this Court seeking direction to the respondent – State and Para Medical Council to conduct inspection and grant recognition for carrying out different courses governed by the Rajasthan Pare Medical Council Act, 2008 and Rules and Regulations framed thereunder.

2. While submitting that number of writ petitions have been disposed of by different Benches of this Court, learned counsel prayed that similar orders be passed in their cases as well. Learned counsel for the petitioners relied upon one such order dated 30.05.2024 passed in S.B. Civil Writ Petition No. 9382/2024 titled as Savitri Devi Paramedical Training Institute vs. State of Rajasthan & Ors.

3. Mr. Bhavit Sharma learned counsel appearing for the respondent – Rajasthan Para Medical Council (hereinafter referred to as ‘the Council’) submitted that the order, as has been passed in the case of Savitri Devi Paramedical Training Institute (supra) may not be passed as it needs a re-look, as prevailing statutory position has not been brought to the notice of the co-ordinate Bench.

4. In this regard, Mr. Sharma invited Court’s attention towards the amendments introduced in Rajasthan Para-medical Council Regulations, 2014 (hereinafter referred to as the Regulations of 2014), by way of Notification dated February 16, 2023 published in official Gazette of the State of Rajasthan. He highlighted that as per Regulation No.1, amended provisions have come into force from the date of publication of the Notification in the official Gazette (16.02.2023).

5. He submitted that after coming into force of the amended Regulations, the Regulation No. 52 which is relevant for considering the applications for running courses provides that fresh applications are to be considered only when the Rajasthan Para Medical Council decides to invite such applications.

6. Learned counsel for the respondent further submitted that such amendment has been introduced because, as a policy decision, the State Government and the Rajasthan Para Medical Council have decided to restrict number of institutes running the courses having regard to various factors such as requirement of Para-medics, unemployment and geographical condition of the area, where the institute wants to operate.

7. He pointed out that the statute clearly provides that recognition to new institutes will be granted on the principle of demand-supply and at present the colleges which are already recognized and operating in the State of Rajasthan for the purposes of conducting the Para-medical Course are sufficient in number. It was highlighted that during previous counselling session, out of 27,245 seats about 12,320 seats remained vacant. He asserted that in the opinion of Para-medical Council, there is no requirement of opening new institute(s).

8. Heard learned counsel for the parties.

9. Having regard to the situation that various institutes have come up and the number of desirous candidates is less, the State Government seems to have substituted the Regulation No. 52 w.e.f. 16.02.2023, which reads thus:-

“52. Procedure for recognition.- (1) Every Para-medical institution seeking recognition must be an organization under Central Government/State Government/local body or Society registered under the relevant law or Trust or Company incorporated under the Companies Act.

(2) The Council shall invite online applications yearly, for recognition, on the basis of demand-supply and shall consider them for recognition in the manner provided in these regulations. The application for recognition shall be made to the Registrar in Form-4 and shall be accompanied by such fees as specified in Schedule-15.

(3) On receipt of an application in Form-4, application shall be scrutinized by the Council and if found complete, the Council shall organize inspection of the institute.

(4) A panel of Inspectors shall be prepared by the Council who shall inspect the institutions. A member of the Council