HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
Gurukripa International Paramedical College – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
VINIT KUMAR MATHUR, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers:
“It is therefore, most respectfully and humbly prayed that this Hon’ble Court be pleased to call for the entire record relating to the case and after perusing the same:-
I. By an appropriate writ, order or directions the respondent may kindly be directed to accept the application form and thereafter, grant approval to the petitioner instate for undertaking Diploma in Medical Laboratory Technician Course with 50 seats, in academic session 2024-25, with all consequential benefits.”
3. Learned counsel for the petitioner instead of joining the issues on merits, restricts his prayer only to the extent that the application of the petitioner for opening/establishing of the new college is not being considered by the respondent No.2, therefore, a direction may be issued to the respondent No.2 to consider the application of the petitioner for opening/establishing of new College to undertake different courses in the Healthcare Profession.
4. Learned counsel for the respondent No.2 submits that although the National Commission for Allied and Healthcare Profe
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, even without regulation....
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.
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.
Educational institutions can continue to operate and expand programs in the absence of established regulatory frameworks under relevant legislation until such regulations are in place.
Compliance with the substantial requirements of the No Objection Certificate (NOC) and the obligation to follow regulatory provisions are essential for the establishment of new medical colleges.
The court upheld the rejection of the course proposal as it did not comply with recognized categories established under the National Commission for Allied and Healthcare Professions Act, 2021.
Mandatory requirements for establishing new medical institutions, including timely submission of a No Objection Certificate, are non-negotiable and must be strictly adhered to for regulatory complian....
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