Dismissed

Vikas Jat S/O Madan Lal Jat v. State of Rajasthan

Rajasthan HC12 Apr 2023CW/5178/2023

Case brief

AI extract

What is this about?

A petitioner challenged Para Medical Council conditions requiring English-only question papers and no negative marking. Relying on a Supreme Court order and lack of documentary proof for Hindi-medium eligibility, the bench dismissed the petition for non-interference.

What did the court decide?

Writ petition dismissed as no case made out for interference under Article 226 of the Constitution of India.

Vikas Jat S/O Madan Lal Jat Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023/RJJP/006377]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5178/2023

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Vikas Jat S/o Madan Lal Jat, Aged About 27 Years, R/o Village And Post Rajwas, Tehsil Newai District Tonk

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Medical Health Services, Government Of Rajasthan, Government Secretariat Jaipur Rajasthan

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Rajasthan Para Medical Council, Jaipur, C-7-A Sultan House, Sawai Jaisingh Highway, Banipark, Jaipur Through Its Registrar

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Director, Medical And Health Services, Rajasthan, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Laxmi Kant Sharma. For Respondent(s) : Mr. Bharat Saini, AGC.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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12/04/2023

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This writ petition has been filed by the petitioner with the following prayer:-

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“It is, therefore, most humbly prayed that Your Lordships’ may graciously be pleased to admit and allow this writ petition; call for and examine entire record of the case and a) By an appropriate writ, order and direction in the nature thereof the condition No. 5,7 and 8 of the Pubic Notice dated 14.3.2023 may kindly be quashed and set aside and the respondents may kindly be directed to conduct Para Medical Registration one time Qualifying Examination 2023 in both Hindi / English language without negative marking and giving 3 hours time to the candidate in the examination.

(2 of 3)

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b) By an appropriate writ order and direction the respondents may kindly be directed to accept the Application Form of the petitioner and allow participation in the Examination through Hindi Medium and award marks without negative marking and grant registration certificate to the petitioner on merits.

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c) Any other relief as this Hon’ble Court may deem fit and proper be also passed in favour of the Petitioner.”

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Brief facts of the case are that the petitioner has challenged the condition No.7 of the notice dated 14.03.2023 issued by the Rajasthan Para Medical Council, Jaipur for conducting one time eligibility test/examination for registration of candidates with the Rajasthan Para Medical Council, Jaipur and according to condition No.7 of the notice dated 14.03.2023, the question paper will be in English Language.

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While challenging the condition No.7 of the notice dated 14.03.2023 counsel for the petitioner submits that the petitioner has difficulty in the English language, therefore, prayed that the respondents be directed to provide the question paper in Hindi Language as well.

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In support of the contention counsel relied upon the Rajasthan Para Medical Council Rules, 2014 which provides that the question paper shall be set in English and Hindi languages.

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Counsel for the respondents submits that the notice dated 14.03.2023 issued by the Rajasthan Para Medical Council, Jaipur has been issued in compliance of the judgment passed by the Hon’ble Supreme Court in the matter of Tara Chand Sharma & Ors. Vs. Rajasthan Para Medical Council & Ors. (Special Leave to Appeal (C) No(s). 2445/2023 decided on 27.02.2023 for

[2023/RJJP/006377]

[CW-5178/2023]

(3 of 3)

conducting one time eligibility test for registration with the Rajasthan Para Medical Council, Jaipur. Counsel further submits that this examination is being conducted to provide chance to the candidates who have done their two years Diploma course prior to 2015 on Distance Education mode. Counsel further submits that the examination in question is to be held on 23.04.2023 and the question papers have already been printed in English language and now it is not possible for the respondents to provide the question papers in Hindi Language as well. Counsel further submits that the petitioner has failed to submit any documents with regard to passing his Diploma course in Hindi Language and prayed for dismissal of the writ petition filed by the petitioner.

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This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, the respondents are conducting the examination in compliance of the order passed by the Hon’ble Supreme Court in the matter of Tara Chand Sharma (supra) whereby the time limit has been fixed by the Hon’ble Supreme Court; secondly, the petitioner has failed to produce/submit any document with regard to passing of his two years Diploma Course in Hindi language; thirdly, since, the examination paper have already printed in English language, looking to the time limit fixed by the Hon’ble Supreme Court, as aforesaid, in my view, no case is made out for interference by this court under Article 226 of the Constitution of India.

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In that view of the matter, this writ petition stands dismissed.

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(INDERJEET SINGH),J

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MG/267

Vikas Jat S/O Madan Lal Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikas Jat S/O Madan Lal Jat v. State of Rajasthan

Case brief

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