Point of Law: Only upon its holding a valid affiliation, from premier regulatory mechanism, they would not become entitled to cause their registration in relevant register, hence maintained by respondent concerned.

ORDER :

The writ petitioners had earlier approached this Court through theirs instituting CWP No. 968/2020. This Court, on 3.3.2020, had disposed of the afore writ petition, through its making the hereinafter extracted order:-

“CMP No.2674 of 2020:

Allowed and disposed of.

CWP No.968 of 2020:

2. Notice only confined to respondents No.1, 2 & 4. Mr. Ajay Vaidya, Sr. Additional Advocate General, appears and waives service of notice on behalf of respondents No.1, 2 & 4.

3. Heard.

4. The grievance of the petitioners is that their names have not been registered by respondent No.4, i.e. Registrar, Para Medical Council of Himachal Pradesh as Multi Purpose Health Workers. However, the present writ petition is not supported by any documents/representation(s) in this regard having been made by the petitioners to respondent No.4 for their registration as such and rejection of such prayer by the respondents.

Therefore, we deem it proper to dispose of the present writ petition being premature, reserving liberty to the petitioners to approach respondent No.4 by submitting their representation(s) for their registration as Multi Purpose Health Workers, within a period of two weeks from today. In case such representation is made by them, the Competent Authority/ respondent No.4, i.e. Registrar, Para Medical Council of Himachal Pradesh, shall consider and take a conscious decision in the matter, in accordance with the law, within a period of two weeks thereafter. Liberty is also reserved to the petitioners to seek appropriate remedy in accordance with law, in case they feel aggrieved against the decision.

Pending miscellaneous application(s), if any, shall also disposed of.”

2. Since, the order extracted (supra) resulted in the respondent concerned declining to register the name(s) of the petitioners, as, Multi Purpose Health Workers (Male), consequently, the writ petitioners are constrained, to, cast a challenge, upon, Annexure P-3.

3. The petitioners, had successfully completed the MPHW course, as became conducted by Rajasthan Vidyapeeth University Udaipur (Rajasthan). However, they were enrolled as students in the afore university w.e.f. 2002-2003. Further more, as disclosed in the writ petition, the petitioners undertook the afore course from the University (Supra) from August 2002 to December, 2003.

4. The State of Himachal Pradesh, has enacted Himachal Pradesh Paramedical Council Act, 2003 (for short “Act”). The afore legislative enactment, carries in Section 38 thereof, provisions whereof become extracted hereinafter, a statutory privilege, vis-à-vis, any aspirant concerned, to seek valid enlistment as a paramedical practitioner in the relevant register, only upon, the most important word, as, occurs therein unless he possesses a “recognized qualification” hence becoming satiated by the aspirant concerned. Thereupon, the afore statutory coinage, as, becomes carried therein, does mandatorily entail, upon the aspirant concerned, to, possess hence a “recognized qualification”.

38. Registration renewal and State Register- (1) No person shall be registered on the State Register as paramedical practitioner unless he possesses a recognized qualification and has not paid such fee, as may be prescribed and different fee may be prescribed for different qualification but it shall not exceed one thousand rupees and the registration shall be valid for a period of three years.

(2) The Council shall cause to be maintained a State Register of Paramedical practitioners in such form, as may be prescribed, by regulations.

(3) The Register shall be deemed to be public document within the meaning of Indian Evidence Act, 1872 (1 of 1872).

(4) Every registered paramedical practitioner registered under sub-section (1) shall renew his registration after every three years on payment of such fee as may be prescribed.”

5. The meaning to be ascribed to the statutory coinage “recognized qualification”, is but naturally one of the university or institution wherefrom the aspirant concer