HI GH COURT OF UTTARAKHAND AT NAI NI TAL

Writ Petition Service Bench No. 463 of 2021

06 August, 2025

Praveen Singh Dhami --Petitioner

Versus

State of Uttarakhand & others --Respondents -------------------------------------------------------------------

Presence:-

There is no representation for the petitioner.

Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State

of Uttarakhand.

Mr. Shivam Raturi, Advocate, holding brief of Mr. Shailendra Nauriyal,

Advocate for respondent no. 3.

Mr. Gaurav Nagpal, Advocate, holding brief of Mr. Ramji Srivastava,

Advocate for respondent no. 4.

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JUDGMENT

Petitioner possesses B.Sc. (Medical

Laboratory Technology) degree, issued by Vinayaka Mission University, Tamil Nadu, which according to him is recognized by Distance Education Council. He applied for registration with Uttarakhand Paramedical Council. He, however, was denied registration on the ground that the B.Sc. (MLT) degree possessed by him is not

recognized by Uttarakhand Government.

2. Due to non-registration with Uttarakhand Paramedical Council, he is not eligible for appointment under the State. Thus, feeling aggrieved, petitioner has challenged Regulation 18 (5) of the Regulations framed under Uttarakhand Paramedical Council Act, 2009 to

the extent it debars persons, who obtained Paramedical qualification from institutions not recognized by State of Uttarakhand.

3. It is contended that the condition mentioned in Regulation 18(5) is violative of Article 14 of the Constitution; all citizens of India have equal opportunity in matters of public employment and geographical based criteria for registration has no co-relation with the object sought to be achieved. It is further contended that residence based discrimination in matters of public employment is violative of Article 16 of the Constitution and such condition has no nexus with the object sought to be achieved.

4. Uttarakhand Paramedical Council was established under Section 3 of Uttarakhand Paramedical Council Act, 2009. The impugned condition is specified in the Regulations framed under Section 45 of the said Act.

5. Section 45 (2) (f) provides that Regulations may lay down the minimum standard of education for recognizing a qualification under Section 20 & 21 of the Act. Section 20 (1) of the Act provides that the State Government, after consultation with the Council, by notification, shall recognize a degree/diploma awarded by a University or Institution for the purposes of the Act. Section 20(2) of the Act provides that such Universities or Institutions, whose degree/diploma is not recognized in sub-section (1), may move representation before the State Government, for reviewing its decision, however, the State Government can reject such representation for the reasons to be recorded. Sub-section (3) of Section 20 provides that the State Government, after consultation with the Council, by notification, grant relaxation to such persons in the matter of educational qualification, who were practicing as paramedical professional, before the date of enforcement of the Act. Section 21 of the Act provides that the Council by Regulations may determine the minimum standards for grant of recognition to Universities and Institutions.

6. The documents enclosed with the writ petition reveal that petitioner passed B.Sc. (MLT) course in December, 2016; while, the Uttarakhand Paramedical Council Act was enforced on 20.07.2009, therefore, petitioner is not protected by Section 20 (3) of the Act. The University, which awarded B.Sc. (MLT) degree to petitioner is not recognized by Uttarakhand Medical Council.

7. Conjoint reading of sub-section (1) & (2) of Section 20 revels that every degree / diploma has to be recognized by the State Government and if a University/Institute is left out from being recognized, then such University / Institute can request the State Government to review its decision and for grant of recognition.

8. It is not the