ORDER :

(Pushpendra Singh Bhati, J.)

The present writ petition has been preferred claiming the following reliefs:-

"(A)That the writ petition filed by the petitioner institution may kindly be allowed and;

(B) That through appropriate writ, direction or order, the respondents may kindly be directed to amend the NOC/Permission dated 28.06.2023 (Annex.-16) to the extent that the petitioner institution may be allowed to conduct DMLT course from academic session 2022-23 onwards and;

(C) The petitioner institution may kindly be allowed to participate in the counselling for the academic session 2022-23 with 50 seats for DMLT course and;

(D) That the petitioner institution may kindly be allowed to fill it's seats on it's own if it is not allow to participate in the counselling for academic session 2022-23."

2. Learned counsel for the petitioner submits that the petitioner is an educational institute, which applied for permission to start paramedical courses, which included Diploma in Medical Laboratory Technology, Diploma in Radiation Technology, Diploma in Operation Theater Technology, Diploma in Orthopedic Technology and Diploma in Emergency and Trauma Centre Technology.

2.1 The applications were invited for the session 2022-23, when the respondents did not respond to the applications, the petitioner-institute filed writ petitions bearing S.B. Civil Writ Petition No.13211/2022 and 14718/2022 whereby this Court passed orders on 13.09.2022 & 30.09.2022 respectively, in which, this Court directed the respondents to pass an appropriate orders within a period of three months.

2.2 Learned counsel further submits that the petitioner-institute who was having its own 100 bedded hospital and was completing the requisite formalities accordingly sought necessary inspection for the ongoing Session of 2022-23. Pursuant to the application submitted by the petitioner-institute, the respondents Rajasthan Paramedical Council on 09.01.2023, rejected the application filed by the petitioner for the aforesaid five paramedical courses. The petitioner immediately sought for the appellate remedy, which is under Section 30 of the Paramedical Council Act , by filing an appeal on 03.02.2023, before the Principal Secretary Medical and Health (Group-3) Secretariat, Jaipur. The said appeal was decided on 08.06.2023 in favour of the petitioner-institution, while quashing the rejection order dated 09.01.2023, directed respondent-Rajasthan Paramedical Council that out of the five Paramedical Courses, as applied by the petitioner-institution, the documents for one Diploma Course i.e. Diploma in Medical Laboratory Technology may be considered.

2.3 Learned counsel, thus, submits that in a successful statutory remedy, the petitioner got a positive order for consideration of the Diploma in Medical Laboratory Technology, but despite that the respondents have granted temporary recognition to the petitioner-institution vide order dated 28.06.2023 for Diploma in Medical Laboratory Technology Course with 50 seats for session of 2023- 24.

2.4 Learned counsel also submits that the foundation for the DMLT course was for the session 2022-23 and once the petitioner has succeeded in the statutory appeal and his documentation was for the session 2022-23, then the NOC granted from 2023-2024 ought to have included for session 2022-23 also.

2.5 Learned counsel further submits that the approval for the temporary recognition for 50 seats for Session 2023-24 shows that the petitioner-institution on the pedestal of his application for the session 2022-23 was already having such qualification and standard and eligibility to run such