The judgment establishes that qualifications obtained from a university without recognition during the relevant period cannot be considered as recognized qualifications for registration under the Himachal Pradesh Paramedical Council Act.

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has prayed for the following reliefs:

“A. That Annexure P-2, dated 12.04.2010 may very kindly be quashed and set aside.

B. That respondents be directed to make the registration of the petitioner as Bachelor of Science in Medical Laboratory Technology from 12.11.2008 on which the petitioner applied for the registration.

C. That the relevant record may kindly be summoned.

D. Any other order which this Hon’ble Court deems just and proper in the facts and circumstances of the case submitted hereinafter may be passed in favour of petitioner and against the respondents.”

2. The grievance of the petitioner is that he has done his B.Sc. (Bachelor of Science) degree in Medical Laboratory Technology from Janardan Rai Nagar Rajasthan Vidyapeeth University, Udaipur (hereinafter referred to as ‘JRNRV University’) in the year 2007 and thereafter he applied for registration with respondent No. 2 on 12.11.2008, however, respondent No. 2 rather than registering the petitioner with it, has denied his rightful claim on arbitrary and flimsy grounds. According to the petitioner, he completed the course in issue from Janardhan Rai Nagar Rajasthan Vidyapeeth University Udaipur, which was a deemed University, as per the notification issued by the Government of India, Ministry of Human Resource Development, dated 19.08.2003. It is further the case of the petitioner that vide Notification Annexure P-4, dated 08.10.2008, Indira Gandhi National Open University has confirmed the approval of programmes offered by the institution by according provisional recognition for academic year 2007-08, i.e. the year when the petitioner had obtained his Bachelor of Science degree in Medical Laboratory Technology from the said University. As per the petitioner, the issue of recognition of the degree stands settled by way of Annexure P-4, wherein it has been clarified by the University Grants Commission that the Joint Committee has already conveyed its provisional approval qua the degree which had been obtained by the petitioner from the said University. On these bases, it has been submitted by the petitioner that the act of respondent No. 2 of not registering the petitioner with it is an arbitrary act and amounts to malice in law on the part of the respondents as they have no legal excuse to deny recognition as well as registration of the petitioner with it.

3. In response, the stand of respondent No. 2 is that the petitioner has alleged that he has undergone 3 ½ years Bachelor of Science course in Medical Laboratory Technology and has also undergone a training of two years in the said course and one year certificate course in the same from G.N. Institute of Medical Technology, Kurukshetra, which as per petitioner is recognized to Janardhan Rai Nagar Rajasthan Vidyapeeth University, Udaipur, but the petitioner has not placed any material on record to demonstrate as to how the University in issue is running University Extension Centre/Study Centre/Learning Centre in Kurukshetra, Haryana, i.e. outside the State of its origin, especially in view of the law laid down by the Hon’ble Supreme Court in Prof. Yashpal and Another Vs. State of Chhattisgarh and others, (2005) 5 SCC 420, wherein it has been held by the Hon’ble Supreme Court that no University can open Study Centres outside the territorial jurisdiction conferred upon it by its parent statute as far as the opening of Learning or Study Centres in Paramedical/Technical and Scientific Education is concerned. It is further the stand of respondent No. 2 that the petitioner was enrolled with the University in the year 2005, when the University in issue was not having any recognition to conduct the course in which degree has been obtained by the petitioner. It is further mentioned in the reply that though the University in issue was given provisional recognition in the year 2007-08, but the petitioner in fact had passed out the course before academic year 2