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2025 Supreme(Online)(Raj) 17080

RAJASTHAN HIGH COURT
Inderjeet Singh, *Anand Sharma, JJ.
Rehabilitation Council of India New Delhi v. Radhe Shyam Kumawat
C. S. A. (Writ) No. 224 of 2024



1. These intra Court Appeals have been filed by the appellant - Rehabilitation Council of India (hereinafter to be referred as 'RCI') challenging the order dated 20.09.2022 passed by the learned Single Judge, whereby the writ petitions filed by the petitioners were allowed and the appellant - Council was directed to grant approval to the courses acquired by the petitioners for the sessions 2013-14 and 2014-15; and also directed for their registration with the Council by treating the petitioners as having valid qualification acquired from recognized institution.

2. As both the aforesaid writ petitions have been decided by common order dated 20.09.2022, therefore these appeals have been heard analogously and are being decided by the instant order.

3. As a matter of convenience, facts stated in SAW No. 224/2024 are being taken into consideration.

4. The petitioners have come out with the case that non - petitioner - Rajasthan University Health Sciences (hereinafter to be referred as 'RUHS') issued an advertisement dated 21.05.2013, whereby applications were invited from eligible persons for admission in the year academic sessions of 2013-14 and 2014-15 for various Para Medical Courses including Bachelor in Prosthetics and Orthotics (hereinafter to be referred as 'BPO') and Bachelor in Audiology and Speech Language Pathology (hereinafter to be referred as 'BASLP'). It has further been stated by the petitioners that pursuant to aforesaid advertisement dated 21.05.2013, RUHS also issued one information booklet providing the procedure for admission in aforesaid courses. So far as BPO and BASLP are concerned, such courses were to be conducted in SMS Medical College.

5. The petitioners have contended in the writ petition that being eligible for seeking admission in aforesaid courses, they submitted the application forms and after undergoing the process they were admitted in the aforesaid courses. The petitioners further stated that in the aforesaid admission process they were declared successful and got admission in SMS Medical College, Jaipur. They also deposited the requisite fee in order to pursue the aforesaid academic courses of BPO and BASLP in SMS Medical College.

6. After passing the examination, they also underwent the mandatory internship, however, on account of ongoing dispute between the appellant - RCI with the respondent - RUHS approval was not granted by Rehabilitation Council of India for conducting aforesaid courses during the sessions 2013-14 and 2014-15 in SMS Medical Colleges.

7. The petitioners submitted that after having knowledge with regard to such dispute, they approached the respondent - RUHS and the State Government for resolving the dispute with regard to approval by the appellant - RCI and when nothing was done they filed writ petition before the learned Single Judge of this Court with a prayer to give direction to the State Government for approaching appellant - RCI for seeking necessary approval for the academic courses for the sessions 2013-14 and 2014-15 and a prayer was also made against the appellant - RCI to grant approval to the courses of BPO and BASLP conducted by SMS Medical College, Jaipur.

8. This is a matter of record that during pendency of the writ petition and on completion of entire course, the petitioners were also conferred degrees of the courses by RUHS. The grievance raised in the matter was that despite having obtained the degrees the appellant - RCI was not granting registration to the petitioners. On account of non - registration with the Council, the petitioners were not in a position to carry on their practice pursuant to such degree of BPO and BASLP.

9. It has also been submitted by the petitioners that the aforesaid courses were started by the respondent - University and SMS Medical College under Government of India's centrally sponsored scheme namely "Supporting State Government Medical College for conducting Para Medical Courses through one time grant". While rele




























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