[2025:RJ-JD:39136]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16536/2025 Shree Ram College Paramedical Sciences, 46, Vivek Vihar, Post- Kanota, Jaipur, Through Its President De. Rameshwar Dayal Sharma S/o Shri Krishnagopal Sharma, Age 68 Years, R/o Plot No. B-137, Sethi Colony, Jaipur.

----Petitioner Versus

1. The State of Rajasthan, Through Its Secretary, Medical And Health Department Government of Rajasthan, Secretariat, Jaipur.

2. Rajasthan State Allied And Health Care Council, Jaipur, Through Its Secretary, C-7, Sultan House, 2 And 3 Floor, Above Canera Bank, Sawai Jai Singh Highway Bani Park, Jaipur.

3. Natiional Commission For Allied And Healthcare Professions, Through Its Chairperson, 2Nd Floor, Academic Block, Nihfw Campus, Baba Gangnath Marg, Munirka, New Delhi.

4. Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office Jodhpur, Through Its Secretary, Plot No.273, Subhash Nagar, Pal Road, Jodhpur, Rajasthan.

----Respondents For Petitioner(s) : Mr. Shreyansh Mardia For Respondent(s) : --

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

03/09/2025

1. By way of filing the instant writ petition, the petitioner has prayed for the following reliefs:-

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

i. The application filed by the Petitioner for grant of recognition to additional course in its Institute to conduct DRT, DECGT and DOTT courses with the intake capacity of 50 seats in each course for the academic session 2025-26 and onwards may kindly be allowed;

ii. That the Respondent no. 2 may be directed grant recognition to the Petitioner Institute to conduct DRT, DECGT and DOTT courses for the academic session 2025-26 and onwards;

iii. The orders dated 09.12.2024 (Annx.6) and 10.06.2025 (Annx.7) may be quashed and set aside;

iv. That the Respondent No. 4 Federation may be directed to allot students to the Petitioner on the vacant seats;

v. That the Petitioner may be allowed to directly admit students on the vacant seats for the academic session 2025-26;

vi. Any other...”

2. Learned counsel for the petitioner submitted that prior to filing of the present writ petition, the petitioner approached this Court by way of filing S.B. Civil Writ Petition No.19543/2023 (Shree Ram College of Paramedical versus State of Rajasthan & Ors.). He submitted that this Court, vide order dated 21.12.2023, after hearing learned counsel for the petitioner was pleased to dispose of the above said writ petition with a liberty to the petitioner – Institution to file an application before the respondent authorities seeking permission for establishing Paramedical College for conducting DRT, DECGT and DOTT courses within a period of three weeks.

3. Learned counsel for the petitioner submitted that in compliance of the order dated 21.12.2023 passed by the co- ordinate Bench of this Court, the petitioner made an application for inspection of the petitioner-Institution before the respondent Department. Learned counsel submitted that although an inspection has already been carried out by the competent authority of the respondent Department, the permission to the petitioner-Institution to start courses in DRT, DECGT and DOTT has yet not been granted to it.

4. Learned counsel for the petitioner submitted that on being inquired, it has been informed to the petitioner-Institution that permission to start DRT, DECGT and DOTT courses has not been granted for the reason that though the National Commission for Allied and Health Care Profession, as per Section 3 of the National Commission for Allied and Healthcare Profession Act, 2021 (Act of 2021) has been constituted which is required to frame regulations for the functioning of State Council under Section 40 of the Act of 2021 but till date, the said Commission could not be made functional due to non-availability of sufficient number of members. Learned counsel further submitted that delay i