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DINESH MEHTA
Karni Paramedical College, Phalodi (Raj. ) – Appellant
Versus
State of Rajasthan, through Principal Member Medical and Health Department, Govt. of Rajasthan – Respondent
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 amen
The court established that regulatory amendments cannot retroactively affect applications submitted prior to their enactment.
The court established that principles of natural justice apply to application recognition processes, requiring institutions to be notified of discrepancies before decisions affecting substantial righ....
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
The State Council must consider applications for establishing new colleges as mandated by Section 40 of the National Commission for Allied and Healthcare Profession Act, 2021.
Point of Law : Education - Registration renewal and State Registrar - This Court, has to statutory coinage “Recognized Qualification” borne in Section 38 of Act, imparted connotation, that it conveys....
As per Clause 3 of the Scheme, which deals with qualifying criteria, the medical college/institution shall qualify to apply for increasing the number of admission in MBBS/PG Diploma/Degree/Higher Spe....
Existing educational institutions cannot be prohibited from expanding courses or intake without prior functional regulations by the State Council, as per Section 40 of the Act.
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