The Court disposed of a writ petition seeking admission in Paramedical Diploma Courses. The petitioner was allowed to participate in counseling only after the current round concludes to avoid inconvenience to existing candidates.
Petitioner permitted to participate in counseling after completion of ongoing counseling.
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[2024:RJ-JD:14798]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5162/2024
Rituraj College Of Paramedical Sciences, Having Sub Office At Laxmi Nagar, Paota B Road, Jodhpur Rajasthan Being Run And Managed By Swami Shamlanand Shiksha Samiti Through Its Secretary Nalin Chaudhary S/o Rajesh Chaudhary, Aged 34 Years, R/o 4, Karni Nagar-C, Makerwali Road, Near Christian Ganj Police Station, Ajmer.
----Petitioner
----Respondents
For Petitioner(s) : Mr. Swati Shekhar. For Respondent(s) : Mr. Bhavit Sharma.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/04/2024
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 Paramedical Diploma Courses i.e. for DMLT, DECG, DOTT, DOT, 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
(2 of 3) [CW-5162/2024]
[2024:RJ-JD:14798]
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 & 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.
Learned counsel for the respondent also submits that the last date of the ongoing counseling is tomorrow i.e. 04.04.2024 and thus, in that case, the petitioner cannot be included for taking admissions.
This Court made a specific query to the learned counsel for the respondent No.4 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.
[2024:RJ-JD:14798]
[CW-5162/2024]
(3 of 3)
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. However, the petitioner shall be permitted to participate in the counseling, which would be held after the completion of the ongoing counseling in order to avoid any inconvenience to the respondents as well as to the students, who would be participating for taking admission in the concerned institutes/colleges.
This writ petition is disposed of accordingly.
(DR. NUPUR BHATI),J
127-pradeep/-
1 issue framed by the court
Whether the petitioner institution can be allowed to participate in admission counseling after the ongoing counseling concludes.
Colour shows how this judgement treated each authority
MLD Paramedical Institute versus State of RajasthanReferred¶16
SB Civil Writ Petition No.8889/2023: MLD Paramedical Institute versus State of Rajasthan & Ors.
Geeta Devi Para Medical & Research Institute versus State of RajasthanReferred¶19
SB Civil Writ Petition No.1270/2024: Geeta Devi Para Medical & Research Institute versus State of Rajasthan & Anr
1 provisions across 1 enactments
Rituraj College Of Paramedical Sciences
State Of Rajasthan
Deputy President (Group-1), Department Of Medical And Health
Rajasthan University Of Health Science
Rajasthan Para Medical Council
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
