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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
SHREE NARAYAN PARAMEDICAL INSTITUTE – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
| Table of Content |
|---|
| 1. argument on refusal (Para 6) |
| 2. petition disposed of (Para 7) |
| 3. guidance from authorities (Para 8) |
| 4. stay petition disposed (Para 9) |
Order :
I.A. No.01/2024:
1. Heard on the application for impleadment of Rajasthan State Allied and Healthcare Council through its Secretary and the Chairperson, Rajasthan State Allied and Healthcare Council as party respondents.
2. The application is not being opposed by the learned counsel for the respondents.
3. For the reasons mentioned in the application, the same is allowed. ‘The Rajasthan State Allied and Healthcare Council through it Secretary’ and the ‘Chairperson, Rajasthan State Allied and Healthcare Council’ are ordered to be impleaded as party respondent Nos.4 & 5.
4. The amended cause title already filed, is taken on record.
S.B. Civil Writ Petition No.15347/2024:
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers:
“(a) That the respondent may be directed to allow the petitioner institution to undertake four course namely Diploma in Medical Laboratory Technology Course, Diploma in Radiation Technology Course, by issuance of NOC for academic session 2024-25 onwards.
(b)
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.
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....
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.
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.
The court mandates timely constitution of health councils under statutory provisions to ensure compliance with regulatory frameworks.
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