Dismissed

Shamshunnisha Abbasi D/O Mo Salam Abbasi v. the State of Rajasthan

Rajasthan HC2 Dec 2020SAW/854/2020

Case brief

AI extract

What is this about?

Three-judge bench dismissed the appeal lodged by diploma holders challenging non-registration by the Rajasthan Para Medical Council, finding no merit due to lack of pre-notification application submission.

What did the court decide?

The appeal and the attached stay application were dismissed. The appellants are directed to approach RPMC for registration if applicable.

Shamshunnisha Abbasi D/O Mo Salam Abbasi Vs the… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 854/2020

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Shamshunnisha Abbasi D/o Mo Salam Abbasi, Aged About 25 Years, R/o A-247, Bandha Basti, Dem No. 1, Makka Maszid Ke Pas Nahari Ka Naka, District Jaipur (Raj.).

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Bhawani Shanker Sharma S/o Shri Pandit Ramavtar Sharma, Aged About 30 Years, R/o Village And Post Dhanu Kalam, Tehsil Bassi, District - Jaipur (Raj.).

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----Appellants

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Versus

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The State Of Rajasthan, Through Its Principal Secretary To The Government, Department Of Medical And Health, Government Secretariat, Jaipur.

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The Director, Medical And Health Services, Swasthaya Bhawan, Tilak Marg, C- Scheme, Jaipur.

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The Rajasthan Selection Board, Jaipur Through Its Secretary, Office At Rajasthan Agriculture Management Institute Premises, Durgapura, Jaipur-302018.

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The Rajasthan Para Medical Council, Through Its Registrar, G-1, Kisan Bhawan, Lal Kothi, Jaipur (Raj.).

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The National Institute Of Open Schooling (Nios), Through Its Director (Vocational), A- 24-25 , Institutional Area , Nh 24, Sector - 62 , Noida (U.p.).

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----Respondents

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For Appellant(s) : Mr. Shantanu Sharma (through VC)

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HON'BLE THE CHIEF JUSTICE

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judgment

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02/12/2020

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This appeal has been filed by the appellants challenging the order dated 23.10.2020 passed by the learned Single Judge, whereby he dismissed the writ petition filed by the appellants.

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(2 of 3)

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[SAW-854/2020]

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Learned counsel for the appellants strenuously urges that both the appellants had obtained necessary diploma in Medical Lab. Technology. The appellants have made the following averment in para 14 of the writ petition:-

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“14. The humble petitioners also approached respondent No. 4 for their registration, however, respondent no.4 authorities verbally denied to register them and even did not accepted their application form solely on the ground that they have acquired their qualification of DMLT from NIOS and thus, petitioners have been deprived from applying form the post of Lab. Technician in pursuance to advertisement dated 12.6.2020 for want of registration from RPMC.”

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Rajasthan Para Medical Council (respondent no.4) in its reply filed before the learned Single Judge in para 4 has stated as follows:

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“…. the petitioners neither approached nor submitted any application / appeal before Rajasthan Para Medical Council for registration prior to the Notification dated 12.6.2020...”

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On a query by this Court to the counsel for the appellants as to when the appellants submitted the application for registration of their Diploma in Medical Lab. Technology to the Rajasthan Paramedical Counsel, he could not answer.

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Taking into consideration the response filed by Rajasthan Para Medical Council, more particularly in view of the fact that the appellants did not submit the application for registration of their diploma in Medical Lab. Technology with

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(3 of 3)

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[SAW-854/2020]

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Rajasthan Paramedical Council prior to the Notification dated 12.6.2020, we find no merit in the present appeal. Hence, we refrain from entertaining the present appeal and direct dismissal thereof.

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We make it clear that if the appellants make any application before the Rajasthan Para Medical Council seeking registration, same shall be dealt with by the Rajasthan Paramedical Council strictly in accordance with law.

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Consequent upon the dismissal of the appeal, stay application filed therewith does not survive and the same also stands dismissed accordingly.

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(PRAKASH GUPTA),J DK/Mohit/1

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(INDRAJIT MAHANTY),CJ

Shamshunnisha Abbasi D/O Mo Salam Abbasi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shamshunnisha Abbasi D/O Mo Salam Abbasi v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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