The Court disposed of the writ petition seeking admission to Paramedical Diploma Courses by applying the directives issued in previously decided coordinate bench cases mutatis mutandis.
The writ petition was disposed of in terms of directions issued in previously decided coordinate bench cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:13600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 3850/2024
Modern Institute Of Paramedical, Banswara Road, Sangwara (Raj.) Running Under The Society Of Shre Slalsar Bala Ji Charitable Trust, Choudhary Colony, Luharu Road, Pilani, District Jhunjhunu (Raj.) Through Chairman Vimal Kumar Son of Bhadur Prasad, Aged About 69 Years, Resident Of D-172, F No. 202, Bapu Nagar, Jaipur (Raj.)
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Shree Kant Verma |
|---|---|
| For Respondent(s) | : Mr. Bhavit Sharma |
HON'BLE DR. JUSTICE NUPUR BHATI
Order
21/03/2024
Learned counsel for the petitioner submit 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 Paramedical Diploma Courses i.e. for DMLT, DRT, Diploma in ECG Technology, DOTT and DDT 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
(2 of 3) [CW-3850/2024]
[2024:RJ-JD:13600]
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 & Anr. and pray that the instant writ petition may also be disposed of in similar terms.
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 & 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.
This Court made a specific query to the learned counsel for the respondent No.2 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.
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
(3 of 3) [CW-3850/2024]
[2024:RJ-JD:13600]
in the aforesaid cases, which shall apply mutatis mutandis to this
case also.
This writ petition is disposed of accordingly.
(DR. NUPUR BHATI),J
74-amit/-
1 issue framed by the court
Whether the petitioner institution is permitted to participate in the ensuing open round of counseling and get admission for students in Paramedical Diploma Courses.
Colour shows how this judgement treated each authority
MLD Paramedical Institute versus State of Rajasthan & Ors.Referred¶14
SB Civil Writ Petition No.8889/2023: MLD Paramedical Institute versus State of Rajasthan & Ors.
Geeta Devi Para Medical & Research Institute versus State of Rajasthan & Anr.Referred¶17
SB Civil Writ Petition No.1270/2024: Geeta Devi Para Medical & Research Institute versus State of Rajasthan & Anr.
1 provisions across 1 enactments
Modern Institute Of Paramedical
The State Of Rajasthan
Rajasthan Paramedical Council
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
