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M.D. College v. the State of Rajasthan

Rajasthan HC15 Mar 2024CW/3170/2024

Case brief

AI extract

What is this about?

This single-bench order dismissed a writ petition seeking admission counseling rights for a medical institute. The court held the issue of res integra is resolved by coordinate precedents and disposed of the petition applying mutatis mutandis the directions issued in those prior cases.

What did the court decide?

The writ petition disposed of allowing the petitioner to participate in the ensuing open round of counseling for DMLT course in terms of coordinates precedents.

M.D. College Vs the State of Rajasthan — Education and Admissions | Rajasthan HC (2024)

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[2024:RJ-JD:12510]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3170/2024

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M.D. College, Pallu, District - Hanumangarh, (Raj), Running By Society Of Saraswati Shikshan Sansthan, Pallu,hanumangarh ,through Its Secretary Devendar Kuamr S/o Shri Shravan Kumar,address - Khaliya, Khaliya Bhawan, Hospital Road, Pallu, District Hanumangarh (Raj). ----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Member Medical And Health Department, Govt Of Rajasthan, Secretariat, Jaipur.

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The Deputy President, (Group-1) Department Of Medical And Health, Govt. Secretariat, Jaipur.

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Rajasthan Para Medical Council, Rajasthan C-7 (A), Sultan House, Sawai Jai Singh Highway Bani Park, Jaipur Through Its Registrar.

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Private Physiotherapy, Nursing And Para Medical Institutions Society, Branch Office, Jodhpur Through Its Secretary, Plot No. 273, Subhash Nagar, Pal Road, Jodhpur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. O.P. Sharma through VC For Respondent(s) : Mr. Bhavit Sharma

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HON'BLE DR. JUSTICE NUPUR BHATI Order

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15/03/2024

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Learned counsel for the petitioner submits that the issue involved herein, i.e., to allow the petitioner-Institution to participate in the ensuing open round of counseling and allow the students, if available, for getting admission in Diploma in Medical Laboratory and Technology (DMLT) Course, is no more res integra and stands resolved by Coordinate Bench order of this Court dated 01.08.2023 passed in SB Civil Writ Petition No.8889/2023: MLD Paramedical Institute versus State of Rajasthan & Ors. and another Coordinate Bench order dated 06.02.2024 passed in SB Civil Writ Petition No.1270/2024: Geeta Devi Para Medical & Research Institute versus State of Rajasthan &

[2024:RJ-JD:12510]

[CW-3170/2024]

(2 of 2)

Anr . and pray that the instant writ petition may also be disposed of in similar terms.

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Learned counsel for the respondents opposes and submits that the order dated 06.02.2024 passed in Geeta Devi Para Medical & Research Institute versus State of Rajasthan &

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Anr . is sub- silentio as the amended Regulation 52 of the Amended Rajasthan Paramedical Council Regulations 2014, 2015 and Rajasthan Paramedical Council (Amendment) Regulations, 2023 has not been considered. He further submits that the judgment passed on 01.08.2023 in MLD Paramedical institute Vs. State of Rajasthan & Ors was prior to the amended Regulation came into existence and also the application of the institute MLD Paramedical Council was decided in light of the unamended Regulation.

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This Court made a specific query to the learned counsel for the respondent No.3 that whether the Paramedical Council has preferred an appeal against the order dated 06.02.2024 passed in Geeta Devi Para Medical & Research Institute versus State of Rajasthan & Anr to which learned counsel had no information.

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Taking into consideration the contentions advanced by the learned counsels for the respective parties and the orders of this Court passed in the aforesaid cases, this Court deems it just and proper to dispose of this writ petition in terms of directions issued in the aforesaid cases, which shall apply mutatis mutandis to this case also.

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This writ petition is disposed of accordingly.

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(DR. NUPUR BHATI),J

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281-ajayS & Dharmendra R/-

M.D. College v. the State of Rajasthan

Case brief

What is this about?

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M.D. College v. the State of Rajasthan

Case brief

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