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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dinesh Mehta
Shree Shyam Paramedical College – Appellant
Versus
State Of Rajasthan, Through Principal Member Medical and Health Department – Respondent
| Table of Content |
|---|
| 1. petitioner challenges refusal for recognition. (Para 1 , 2 , 3) |
| 2. arguments on natural justice violations. (Para 4 , 5) |
| 3. court's analysis on natural justice applicability. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. order quashing and direction for application. (Para 14 , 15 , 16 , 17 , 18 , 19) |
ORDER :
Dinesh Mehta, J.
1. By way of the present writ petition, the petitioner – Institution has challenged the order dated 19.02.2024, whereby its application for recognition has been turned down by the respondent – Rajasthan Para Medical Council, Jaipur (hereinafter referred to as ‘the Council’).
2. The relevant facts are that the petitioner – Institution had submitted an application, pursuant to direction given by this Court in earlier writ petition being S.B. Civil Writ Petition No. 1742/2023 filed by the petitioner – Institution.
3. Normally, an institution is required to submit an application for recognition in terms of Regulation No. 52 of Rajasthan Para- medical Council (Amendment) Regulations, 2023 (hereinafter referred to as ‘the Regulations of 2023’), but nevertheless, the petitioner’s application was considered by the respondent – Council and vide order dated 19.0
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....
The court established that regulatory amendments cannot retroactively affect applications submitted prior to their enactment.
The impugned order was contrary to the court's earlier directions, and the authorities were obligated to consider the compliance furnished by the petitioner institution and pass necessary orders in a....
Eligibility for appointment requires meeting criteria by the cut-off date; subsequent qualifications do not retroactively qualify candidates.
Submission of No Objection Certificate is a mandatory requirement for recognition; failure to provide it leads to application rejection.
The main legal point established in the judgment is the requirement for administrative bodies, such as the RPMC, to adhere to principles of natural justice and make specific decisions based on proper....
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