Point of Law : Education - Registration renewal and State Registrar - This Court, has to statutory coinage “Recognized Qualification” borne in Section 38 of Act, imparted connotation, that it conveys, and, is suggestive, that the apposite qualification, upon, emanating from any educational institution within territory of India.

ORDER :

Though the writ petitioner avers in paragraph 10 of the petition, that, the requisite qualification/course as has been obtained by him, from Vinayaka Mission University, has been approved by Distance Education Council, IGNOU, New Delhi, and, the Joint committee of “AICTE-UGC-DEC”. However, the afore made submission only remains in the realm of pleadings, as, no evidence is brought on record to prove the same.

2. The learned counsel for respondent No.2 has contended, that Section 19 of the Himachal Pradesh Para Medical Council Act, 2003 (for short “the Act”), bars the imparting of relevant courses, by all educational institutions concerned, unless prior permission of the State Government rather is obtained. However the provisions of the Act (supra), as, carried in Section 19 of the Act, and, as become extracted hereinafter, only bars, establishment of paramedical institution(s), and, also bars the paramedical institution(s), to open a new course or training besides bars the institution(s) concerned to increase their admission capacity, rather beyond the prescribed limits, obviously unless prior permission of the State government is accorded. However, the afore mandate, if comes to be profoundly, and, deeply read, its application is limited only to establishments of paramedical institutions, within the State of Himachal Pradesh, and, cannot become extended to carry any meaning, that paramedical institutions rather established outside the territory of the State of Himachal Pradesh, and imparting valid relevant distant courses or correspondence courses, vis-à-vis, the relevant discipline, also, there being barred to validly impart education, in the apposite courses to students concerned, unless prior thereto they obtained the statutory permission, from the government of Himachal Pradesh. Therefore, no prior permission of the Government of Himachal Pradesh is required, vis-à-vis, the afore valid modes of impartings of education by validly established institutions located outside the territory of the State of Himachal Pradesh.

19. Permission for establishment of new paramedical institution.-

(1) Notwithstanding anything contained in this Act,- (a) no person shall establish a para-medical institution; and

(b) no paramedical institution shall-

(i) open a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognized paramedical qualification; or

(ii) increase its admission capacity in any course of study or training, except with the previous permission of the State Government obtained in accordance with the provisions of this section.

Explanation.- For the purposes of this section, the expression “ person” includes any University or a trust but does not include the State Government.

(2) Every person or paramedical institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Council a scheme in accordance with the provisions of sub-section (3).

(3) The scheme referred to in sub-section (2) shall be in such form, contain such particulars, preferred in such manner and accompanied with such fee, as may be prescribed.

(4) On receipt of a scheme by the Council under sub-section (2), the Council may obtain such other particulars as may be considered necessary by it from the person or the paramedical institution concerned and thereafter, it may-

(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or institution concerned for making a written representation it shall be open to such person or paramedical institution to rectify the defects, if any, specified by the Council; and

(b) consider the scheme, having regard to the factors referred to in sub-section (8), and submit the scheme together with its recommendations thereon to the State Government.

(5) The State Government may, after considering the scheme and the recommendations of the Council under sub-section