IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

ON THE 3^rd OF AUGUST, 2022 WRIT PETITION No. 9479 of 2022 Between:-

SARDAR PATEL INSTITUTE OF PARAMEDICAL SCIENCES BANNAKHEDA JAORA THROUGH CHAIRMAN GENDALAL PATEL S/O SHRI BIRBHAN PATEL, AGED ABOUT 47 YEARS, OCCUPATION: CHAIRMAN RATLAM (MADHYA PRADESH)

.....PETITIONER (SHRI VEER KUMAR JAIN,SENIOR ADVOCATE VAIBHAV JAIN, ADVOCATE FOR THE PETITIONER.)

AND MADHYA PRADESH AYURVIGYAN VISHWAVIDHYALAYA JABALPUR VICE CHANCELLOR MADHYA PRADESH

1.

AYURVIGYAN VISHWAVIDHYALAL MEDICAL COLLEGE CAMPUS JABALPUR (MADHYA PRADESH)

MADHYA PRADESH AYURVIGYAN THROUGH REGISTRAR

2.

VISHWAVIDHYALAYA, JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI SUNIL KUMAR JAIN, SENIOR ADVOCATE WITH SHRI RISHI PALIWAL, ADVOCATE FOR RESPONDENTS.)

This petition coming on for order this day, JUSTICE VIVEK RUSIA passed the following:

O R D E R The petitioner has filed this petition being aggrieved by the action of respondent No.1 denying the affiliation to run the Para Medical College despite recognition granted by M.P. Para, Medical Council.

[1] The petitioner is a Society registered under the M.P. Cooperative Societies Act established with the aim to run Paramedical College.

[2] The M.P. Paramedical Council (hereinafter referred to as ‘the Council’) is established under M.P. Sah Chikitsiya Parishad Adhiniyam, 2000 (hereinafter referred to as Adhiniyam, 2000) to grant recognition for establishing new colleges and schools in the field of paramedical courses. The State Government has framed the rules for this purpose in the name of the Madhya Pradesh Paramedical Education Institutions (Norms and Guidelines) Establishment Rules, 2021. (hereinafter referred to as Rules 2021)

[3] That the M.P. Medical Science University (hereinafter referred to as the University) is established under the Madhya Pradesh Ayurvigyan Vishwavidhyalaya Adhiniyam, 2011. (hereinafter referred to as Adhiniyam 2011). Under provisions of the above statutes after obtaining recognition from the Premedical Council, the educational institutions are required to get an affiliation from the University established Adhiniyam, 2011 before granting admission to the students. It is not in dispute that the petitioner's society had established the Para Medical Colleges to run the Para Medical Course and after due verification under the prevailing rules called the Madhya Pradesh Para Medical Education (Norms and Guidelines for Establishment of Para Medical Institution) Rules, 2007 ( now repealed by Rules of 2021). After obtaining the recognition, the petitioner had given admission to the students for the academic session 2018-19 & 2019-20 as per the permitted intake capacity by the council. Petitioner has sent the list of students along with necessary fees to the University with an application for a grant of affiliation. It is also not in dispute that the University has denied the affiliation to the petitioner by passing a resolution in its meeting on the ground that antedated affiliation cannot be granted, and the petitioner is not fulfilling the norms of affiliation. The petitioner has assailed the impugned action mainly on the ground that for subsequent academic sessions the council, as well as a university, have granted recognition, and, affiliation respectively, hence it cannot be alleged that the petitioner is not fulling the norms of affiliation. Hence the petitioner is before this court.

[4] The respondent/ the University has filed a reply by submitting that the petitioner has violated the conditions of recognition by granting admission to the students before getting affiliation which makes them ineligible to get affiliation, hence, affiliation has rightly been denied. However, it is not disputed that the petitioner has been granted recognition from Para Medical Council and affiliation from the University for subsequent years. The dispute is only in respect of the year 2018-19 & 2019-20 in wh