Dismissed

Mohit Yadav S/O Shri Ram Niwas Yadav v. State of Rajasthan

Rajasthan HC15 Dec 2023CW/1061/2021

Case brief

AI extract

What is this about?

The High Court dismissed this writ petition challenging the refusal of medical registration, holding that the petitioner failed to exhaust the statutory remedy of appeal under Section 25 of the Rajasthan Para-medical Council Act, 2008 before approaching this Court.

What did the court decide?

Writ petition dismissed; liberty granted to file statutory appeal under Section 25 of the Rajasthan Para-medical Council Act, 2008.

Mohit Yadav S/O Shri Ram Niwas Yadav Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:40010]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1061/2021

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Mohit Yadav S/o Shri Ram Niwas Yadav, Aged About 23 Years, R/o Village Dattal, Tehsil- Nangal Choudhary, District Mahendergarh, (Hariyana)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary Department Of Medical And Health Services, Secretariat, Jaipur.

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Registrar, Rajasthan Para Medical Council, Plot No. 6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur.

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Registrar Jamia Hamdard, University, Hamdard Nagar, New Delhi- 110062

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----Respondents

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For Petitioner(s) : None For Respondent(s) : Mr. Chandra Shekhar

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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15/12/2023

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The instant petition has been filed by the petitioner with the following prayer:-

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“It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow the Writ Petition and by an appropriate writ, order or direction:-

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(i) Quashed and set aside the order Dated 04.12.2020 which is illegal action of the respondents no.2 by which he refused for registration of the petitioner as Para Medical Personnel.

(2 of 3)

[2023:RJ-JP:40010]

[CW-1061/2021]

(ii) Direct the respondent no.2 to accept the application form of the petitioner for his registration with the Rajasthan Para Medical Councill and further issued direction to the respondent no.2 to issue registration number to the petitioner.

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(iii) Any other order or direction which this Hon'ble Court deems just and proper may also be passed in the facts and circumstances of the case.”

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By way of filing this petition, the petitioner has challenged the validity of the order dated 04.12.2020 by which the registration of the petitioner with the Rajasthan Para Medical Council has been refused by the respondents.

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At the outset, counsel for the respondents apprised this Court that the order impugned is appealable under Section 25 of the Rajasthan Para-medical Council Act, 2008 (for short, ‘the Act of 2008’). Counsel submits that without filing any appeal under Section 25 of the Act of 2008, the instant petition has been filed by the petitioner straightaway before this Court.

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In the considered opinion of this Court, whenever an alternative statutory remedy of filing an appeal is available to a person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority.

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In view of the above, the instant writ petition stands dismissed on this count alone, granting liberty to the petitioner to file statutory appeal under Section 25 of the Act of 2008 against the impugned order dated 04.12.2020.

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In case, any appeal is submitted within a period of one month from today, the Appellate Authority concerned is supposed to hear and decide the same strictly in accordance with law, after

[2023:RJ-JP:40010]

[CW-1061/2021]

(3 of 3)

affording the opportunity of hearing to all the respective parties, expeditiously, ignoring the period of limitation.

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Stay application and all pending application(s), if any, also stand dismissed.

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(ANOOP KUMAR DHAND),J

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Ashu/144

Mohit Yadav S/O Shri Ram Niwas Yadav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohit Yadav S/O Shri Ram Niwas Yadav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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