Yadav, J. -- 1. Petitioner Society, registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973, engaged in imparting education in paramedic through K.S. Paramedical College, has approached this Court being aggrieved by the order dated 14.3.2016 passed by the Additional Secretary, State of Madhya Pradesh, Department of Medical Education whereby it is informed that because of case being registered vide Crime No.362/2015 under sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and under sections 420, 467, 468, 471 and 120B of IPC as regard to the charges of embezzlement of scholarship, extension for para medical courses for the academic year 2015-16 cannot be granted. Challenge is also to the order dated 30.3.2016 passed by the Registrar, M.P. Paramedical Council which is in the same terms as communication dated 14.3.2016.

2. Evidently, the petitioner was granted recognition in the year 2005 under section 24 of the Madhya Pradesh Sah Chikitsiy Parishad Adhiniyam, 2000 (for brevity “the Adhiniyam, 2000). Thereafter, the said recognition has been renewed from time to time till academic session 2014-15 to run paramedical courses, namely, Degree in Bachelor of Physiotherapy, Diploma in Medical Lab Technician, Certificate Course in X-Ray Radiographer Technician, Certificate Course in O.T. Technician, Certificate Course in Health Inspector, Certificate Course in Ortho Technician, Certificate Course in E.C.G. Technician, Certificate Course in Ultra Sound Technician, Certificate Course in Naturopathy and Certificate Course in Yoga. However, for the academic session 2015-16, the renewal has been declined for the reason that an offence is registered against the institution and its directors.

3. Taking us through various provisions of the Adhiniyam, 2000 and the rules framed thereunder, namely, Madhya Pradesh Paramedical Education (Norms And Guidelines For Establishment of Paramedical Institutions) Rules, 2007, the petitioner has challenged the impugned orders on the ground that the reasons for which the renewal has not been granted are not supported by any of the statutory provisions contained in the Act and the Rules framed thereunder.

4. Learned counsel appearing on behalf of the State as well as Paramedical Council though supported the order reiterating the grounds on which the renewal has been denied, however, they fail to establish from the statutory provisions that the lodging of a complaint against the institution would debar it from further recognition or such complaint would enure a disability to continue to impart education in the course for which the recognition was granted.

5. Chapter V of the Adhiniyam, 2000, deals with paramedical institutions and recognition. Section 24 envisages provisions relating to recognition of paramedical qualification in certain cases. That the State Government in exercise of its powers conferred by section 45 of the Adhiniyam, 2000, has made rules for fixing norms and guidelines for establishment in the State of Madhya Pradesh, Sah Chikitsiya Shikshan Sansthan i.e. paramedical institutions. Rule 3 lays down eligibility criteria:

“3.Eligibility Criteria.- The following organization shall be eligible to apply for permission to establish new Sah Chikitsiya Shikshan Sansthan :-

(a) University of any state or Union territory.

(b) Autonomous bodies promoted by Central Government or State Government.

(c) Societies registered under the Societies Registration Act, 1860 (No.21 of 1860) or registered under any corresponding laws for the time being in force in the State and applicable in this respect.

(d) 'Public, religious or charitable trusts' registered under Indian Trusts Act, 1882 (No.21 of 1882) or Wakf Act, 1954 (No.29 of 1954).”

6. Rule 4 stipulates qualifying criteria in the following terms:

“4. Qualifying Criteria.-The eligible organization shall abide by the provisions of the Act and regulations made hereunder and amended from time to time. The organization shall