National Institute of Paramedical Science v. State of Rajasthan

Rajasthan HC21 Jul 2025CW/10925/2025

Case brief

AI extract

What is this about?

High Court dismisses writ petition filed without exhausting statutory appeal under Section 30 of Rajasthan Para-Medical Council Act, 2008; grants liberty to file appeal within two weeks.

What did the court decide?

Liberty to file statutory appeal under Section 30 of the Rajasthan Para-Medical Council Act, 2008 before the concerned authority within two weeks; authority expected to hear and decide expeditiously; stay application and pending applications disposed of. ¶¶20-¶21

National Institute of Paramedical Science Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 10925/2025

¶3

National Institute Of Paramedical Science, Near Joshi Ki Kothi, Lalsoth Road, Dausa, Rajasthan Through Its Chairperson Dr. Rajesh Kumar Sharma S/o Shri Prabhu Dayal Sharma, Aged About 47 Years, Resident Of Gupteshwar Road, Opp. Housing Board, Dausa, Rajasthan.

¶4

----Petitioner

¶5

Versus

¶6

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

¶7

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

¶8

Society Of Private Para-Medical Institutions, Through Its President Having Its Office At 144, Kamla Nehru Nagar, Jodhpur.

¶9

----Respondents

¶10

For Petitioner(s)	: Mr. Munesh Bhardwaj
For Respondent(s)	: Mr. Bharat Saini

¶11

JUSTICE ANOOP KUMAR DHAND

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Order

¶13

21/07/2025

¶14

Aggrieved by the impugned order dated 16.12.2024, the petitioner has approached this Court by way of filing this writ petition.

¶15

Admittedly, the aforesaid impugned order is appealable under Section 30 of the Rajasthan Para-Medical Council Act, 2008 before the statutory Appellate Authority but without availing the alternative remedy of filing an appeal, the petitioner has

¶16

[CW-10925/2025]

¶17

(2 of 2)

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straightway approached this Court by way of filing this writ petition.

¶19

It is the settled proposition of law, whenever an alternative remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority.

¶20

In view of the above, the instant writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal under Section 30 of the Rajasthan Para-Medical Council Act, 2008 before the authority concerned. In case, such appeal is preferred by the petitioner within a period of two weeks from today, it is expected from the authority concerned to hear and decide the same expeditiously as early as possible.

¶21

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

¶22

(ANOOP KUMAR DHAND),J

¶23

Ashu/41

National Institute of Paramedical Science v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

National Institute of Paramedical Science v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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